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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."
For those who sleepwalked through past adventures in "keeping you and your data apart": This "feature" exists only for the purpose of DEACTIVATION, so let's be honest and call it that.
Switch to something that's AlwaysActivated(TM): Linux, OS X, BSD, Solaris 10. Then we can talk about genuine advantages. As in "genuine" and "advantageous", rather than "marketingspeak" and "sure to bite you in the ass".
you had me at #!
This is why I'll never upgrade
Does it mention Vista being the only os?? Or you must agree not to use Vista in order to reverse engineer the executable format or clone the libraries?
-b.
Or, I could just not purchase Vista and not have to worry about it.
Problem solved!
bork bork bork!
is this water getting toasty, or what?
Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
I've seen this on a lot of non-open source software, not just windows. Even free-as-in-beer non-open-source stuff. Just something to consider. By pointing out Windows as some kind of oddball case, it just tells me they don't read most of their EULAs
34486853790
Connection too slow for X forwarding? Try "ssh -CX user@host"
Hmmm... I think I've heard of that once or twice. I guess it doesn't affect me since I use an OS free of restrictions: Linux. Ballmer can bite me.
-"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
I'd be willing to bet that it would never get this far and MS would just take care of it. They wouldn't be afraid of someone suing them over a license. That's petty to them. Maybe if a company sued because their software was legal and got a false positive on being illegal and it caused down time, now that's something to sue about. It's a shame that Microsoft doesn't care about their customers enough to make sure things like this wouldn't happen.
That which does not kill me only postpones the inevitable.
I guess "Microsoft deactivated my Windows license last night, I couldn't finish my paper." will become a common and valid excuse.
I wonder about the software functions which are there to enforce these bits of the EULA. How secureare they? How easy do you suppose it will eventually become for anyone to point a script at a Vista box owned by someone they don't like, and send instructions for the box to shut down with extreme prejudice and turn the user's data into chunky salsa?
Slashdot Burying Stories About Slashdot Media Owned
I have learned some valuable lessons regarding my data. I keep all my stuff on my external drives. Hope it will not be affected in case I decide to use Vista.
and then you can sue Microsoft for the original license fee.
I thought the new vogue in EULAs nowaways was a clause stating that by using the software, you give up the right to any litigation?
Over here in the OS X toad pond it's nice and cool.
I hear the newts over in the Linux pool have the ideal temperature though...
"There is more worth loving than we have strength to love." - Brian Jay Stanley
This is why I use my Linux box more and more every day. By the time M$ requires the Vista upgrade, I won't need it anymore. Besides, AIGLX, XGL and Beryl are so much cooler than Aero.
Check out Sabayon
There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
This is almost word for word what the fear mongers where saying about XP. Yes software activation is a pain. But so are pirated copies of windows sold as being legit. Which is what this is trying to stop. Yes there will be cracks and work arounds, there allways are. But if your mom buys a computer from the corner store, this will check to make sure that its legit. Microsoft can not remove your access to the files unless they're doing on the fly encryption. They also have no reason to do that. Much like the XP activation, in the case of an illiegal copy Microsoft has been very good about working with the end user to find a resolution.
Bottom line, if you dont like it dont use it. For the non geeks this is a good thing as is the whole bundle of software signing and certs that Microsoft is trying to get out there. People dont want to have to understand how the computer works, they just want to download software and have it do its thing without sending porn spam to half the country. If things like this worry you or you think they're not needed. Then perhaps Windows is not the right OS for you.
"Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
It seems to me Microsoft wants a constant surveillance license check to happen and they took steps to make it happen without considering that the average user is not going to want to deal with these complications and will likely stay with XP or switch to MacOS or an easy Linux install like Ubuntu. Of course, MS will probably respond by end-of-lifeing XP, but will that give them the desired result or alienate more users?
You'd think a multi-billion dollar company would have enough to fund a "common sense" committee somewhere.
-Now I may be an idiot, but there is one thing I am not sir, and that, sir, is an idiot.
I see having two (three) computers going forward.
1) A linux box that I use for important data - tax records, personal documents, any think like mp3's, etc.
2) A windows box that I use for entertainment (certain games) and at large companies. Since computers have been powerful enough for home use since about 2000, I can't see paying more than $499 for this and then $200 for a video card. The hardware would cost me $400 to scratch build (and $200 for the card) so I guess the OEM is splitting the $99 with Microsoft. Going forward, i'm less and less likely to use Windows computers for anything important. I'm too concerned about snooping, losing access to my own data, etc.
3) And a console for pure gaming on my big screen TV.
---
To reach this point, I've converted about 99% of my software to java, open-source applications.
Openoffice
Audacity
Gimp
Azureus
Firefox
and a few other minor programs.
I have two documents that I have to use Word for. I'm considering splitting them down into smaller documents.
She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
This is exactly why I bought a Mac. Because I understand the underlying nature of the operating system. I know what is and isn't on the thing. I know what DRM is installed on the thing. And I know that by purchasing the hardware I am granted a license to run the Operating System. And I don't need to worry about apple disabling my computer down the road. I'm sure someone will point me at the tyrannical and cyncial nature of OS X's Eula as well (And yes I know about the broad ranging data sharing) but the fact is, these agreements have so far crossed the line that I doubt any of it will remain enforcable in a court of law. I'd install Linux on the thing, except Microsoft has its hooks into that as well, at least according to its lawyers.
What happens when somebody in the Redmond Bunker mistypes something and deactivates Sally Jones instead of Wally Jones? Or what if some enterprising young hothead cracks his way into the validation servers and starts deactivating people at random? What if they go out of business? What happens to my data then?
I won't allow some company in some foreign country to control whether I have access to my data or not.
When our name is on the back of your car, we're behind you all the way!
Apple don't sell it to run on whitebox (unlike MS). There's no comparison.
(Personally, I don't think it would be good for anyone if they did.)
you had me at #!
I'm disappointed by the summary's FUD.
I don't like MS as much as the next guy, but proclamations like this just make MS look good.
They just wouldn't revoke an OS license for many reasons:
1. ANY copy of the OS in use is a win for MS. They don't want to make it impossible to steal. Just hard enough so fewer people can steal it. As protection schemes are cracked, they have to come up with another. They have to keep up appearances.
2. Revoking the wrong desktop/server will generate too much fear and drive now-uncertain users to other platforms. So they can't really do it.
Vista is STILL the silent personal media rights killer well on it's way to becoming a set top box. But articles like this make it very easy to justify the claim that there are "linux zealots."
http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
What happens if Microsoft deactivates your OS that was legally purchased?
Uhh, nothing! You are hosed. I am pretty sure Windows XP Pro already does this, thanks to that Window Genuine Article(?) update. After I installed a LEGAL XP copy windows went to validate and it said, sorry, you are SOL because it was already registered (I had installed it on another machine that died). I had to find another copy to use, which I happened to have because I installed Ubuntu on another machine the OS CD came with...
"The first problem is, you may think you bought a copy of the operating system. Actually, the OS is still owned by Microsoft."
Not at all sure this is true. Not that, maybe, it makes all that much difference in practice in this particular instance.
If they own it, its an asset, it must have value, be on their books, be depreciated. None of which is true. But it is on your books, and you can depreciate it, write it off against taxes and so on. If we're saying, it is theirs, you have licensed it, by a one time payment with no further obligations to them, how does it differ from a sale except in name?
I suspect that legally what is going on is that you have bought your copy alright. Its just that what you have bought is a product with certain features/limitations, of which activation is one.
This probably doesn't matter when it comes to the present situation, because product activation and so on are just part of the product. But if it were a case of stopping you from moving it from machine A to B to C, it might. If they were to tell you what machine to install it on, it might matter also. Or, whether you can run it under Wine. In all those cases the difference between them and you owning your copy might matter a lot. But not in terms of what features it has.
All the same, I think you bought your copy, and you really do own it.
Rather than trying to stop the approaching at full speed express train with your own body, wouldn't it be smarter just to get the hell out of its way, such as migrate to GNU/Linux?
Sure, there is lots of extremely expensive software that requires Windows to run, and is impossible/too expensive to replace. Now tell me, how much critical software there is that requires Windows Vista to run? Besides, I can't help but wonder why so many people flaming Google for 'controlling all of your private email, search logs and documents', but so few of them notice that Microsoft is doing [and has been doing that for many years] basically the same.
I don't like product activation, not because M$ can arbitrarily disable my computer. I guess they might have expanded powers with Vista, but no real history of doing it. I don't like it because it gives them the ability to time limit the use of the software. Suppose I have a retail copy of XP Professional, which I really like. Sometime down the road my computer gets struck by lightning and M$ has determined that the life cycle of XP is complete and will no longer activate it. Then I am stuck with a worthless piece of plastic. Of course with an OEM version I suppose if your computer gets hit by lightning, then it blows up your software license at the same time.
"standardisation"? Which internationally recognized entity publishes the human-readable exact definition of a conforming Microsoft Word or Microsoft Excel file? Real standardization is ISO/IEC 26300, the OASIS ODF spec. With "ISO" being a buzzword (even in Tetris), businesses can probably get away with requiring ODF.
None of them will run on my Wii anyway.
If you were planning on upgrading your PC hardware at the same time, you can jump ship rawther cheaply now: $600 for a low-end Mac now, or $600 for a Linux/gaming box in March (once Sony gets its supply chain straightened out), and both can be used set-top.
This is the best news I've heard for Desktop Linux. Now if we can just convince the Linux community that a dumbed down/standardized version is a good and worthwhile distribution to develop (for my grandmother).
Microsoft is slipping the keys to our "Personal" Computers right out of our pockets and we're letting them do it. Vista computers should simply be referred to MC's as that is what they will be as they hold the keys over your head. I'm not liking the direction this is heading in and the lack of notice on the part of the general population.
"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."
It's possible that Bill Gates is paying people to read email too. You will probably wait a long time for the money however.
"I'd rather be a lightning rod than a seismometer." -Ken Kesey
First, you rarely if ever buy software. You license software.
Second, MS is screwing up. I probably like MS more than 90% of the people here.
Piracy is helping MS not hurting it. If they stomp out piracy they
are going to stomp out some of their user base.
Losing that user base will hurt them badly in the future.
What is "malware"? Software that contacts servers without the user's knowledge and transmits information? Software that disables temporarily or permanently the use of certain features or abilities? Software that restricts or limits your access of resources? Software that runs without your agreement and against your intentions, and that crashes your computer should you disable it?
I doubt this will get past the MS lobbyist.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
This needs to be expressed as a TV commercial. An entire business shut down because something went wrong with Vista licensing, with people on the phone to Microsoft support. Listening to music on hold.
Or some guy in a strange city with a laptop that won't work, unable to get help. He calls Microsoft and gets the "visit us on the web at www.microsoft.com" pitch, and he's frantically getting coins from a cafe owner to feed into a pay phone while on hold.
Remember that lovely thing called DRM? Where data is tied to the machine it's supposed to be viewed on?
Now, the OS is part of such a machine...
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
All this arguing over a hypothetical situation? Microsoft has had the ability to disable your software for a long time. So far all they have ever done is keep you from getting updates.. FCKGW serial number anyone? In just about every EULA you read they spew out all kinds of decativation crap at you. This is nothing new to anything. If your pissed stay on your linux distro or XP. I am. If your ok with EULA then spend the $$ and go buy it. I just dont get what all the fuss is about. Its not like Sony who put a bunch of crap on your computer without telling you. It says right on their site what the agreement is. Accept it or dont. Your OS of choice is becoming like a religion. You are never going to convince anyone to convert just as they will never convince you. Therefor all points are moot... Just as this one is.
MISSING - Sig file. 2 years old black and white and very funny. If found please email me.
DRM is exactly the same.. but they never complain the same way about DRM..
Seems like a double standard to me..
VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
init 11 - for when you need that edge.
By reading this t-shirt you agree to buy the wearer a beer.
You go over your online activation limit, your OS is limited (nag window). You call in to Microsoft support line, get a reactivation key, rinse and repeat.
Worried about all that activation crap? Unplug your Windows box from the net! I did, and you can too.
Here's whatcha do.
Doesn't really work for online gaming yet, but it will just as soon as the guys at VMWare fully support DX9.
Enjoy!
Weaselmancer
rediculous.
>Microsoft can not remove your access to the files unless they're doing on the fly encryption. They also have no reason to do that.
Imagine someone running BitLocker. Imagine that for some reason that person's copy of Vista got flagged as unauthorized, and dropped into a mode with reduced functionality.
That reduced functionality had bloody well better include file system access, because otherwise not even booting from a live CD will recover the data.
(Be serious. Nobody in real life has backups).
"the substance of the transaction at issue here is a sale and not a license" -- Judge Pregerson
Could there possibly every be a legal way to crack the installer such that someone did not have to accept the EULA? That would certainly create an interesting situation!
Another interesting scenario would be to boot up a brand new PC with a live CD and modify whatever program requires the user to accept the EULA (so that acceptance is not required). Since you never accepted the EULA, there would be no ban on your re-engineering the code (and some legal domains don't allow bans on re-engineering anyway).
The real "Libtards" are the Libertarians!
Than this for years. The problem with licensing software is that eventually the customer will under the license they areee to have no rights at all. Most online games already have the right to take your money and give you nothing in return. Many online games already do that "take your money and good-bye" on a whim. See the latest rounds of bannings from World of Warcraft as an example. I'm sure some of those people were innocent and had just forked over $175 for a six month subscription. "No refunds and no software because we can." - the future of software licensing.
Thanks to eating disorders most chicks are reasonably good looking these days.
I guess Microsoft has now solved the issue of how to deal with users that don't want to upgrade their software. Windows Vista "calls home" every few months to re-validate itself. If the process fails then vista disables an unspecified set of features. So if we look a few years down the road to when they want us to upgrade to a new OS, all Microsoft has to do is turn off their Vista validation servers and presto! Everyone is properly motivated to upgrade. Yippie.
microsoft is glutton for punishment. they first throttle every other company in this world, and dont let any other OS to compete.
there ought to be different pricing points for different people. there are people who want the the OS for less, but NO, microsoft decides to kill all the other operating systems with brute force, or for that matter any software that threatens their monopoly. so the people who don't have the money to pay their software simply go for piracy(say most of the 3rd world countries).
now, microsoft with all their money can really donate software free of cost to these people instead of fleecing these people first and then act magnanimous (like bill gates does right now, does his charity). on the other hand they are really torturing the rest of the paying public with all these activation schemes, and put up with all kinds of hardship. these guys should be sent to the corporate gallows. each time they have wasted our time with their shoddy software right through the ages, they have killed us by a wee bit, just a jab each time!!!
Given that Vista now "calls home" every few months to re-validate itself, I guess that rules out using Vista in any type of secure environment where Internet access is not allowed.
I have not booted a Windows machine since May of 2002. That was the month I said to hell with Microsoft and switched to Linux. I also decided that I would actively encourage others to make the switch. "Actively" means to me that not only do I install Linux for people, but I support it for them as well. The support has not been a burden. They don't get viruses, adware, or other junk, which is where most of my friends that use Windows need the most help. The Linux folk are just able to use their machines without fuss, which is all they want.
I would add that there should be a pox on Novell for their recent dancing with Microsoft. All it does is further Microsoft's cause and hasten the doom of Novell who is (or was) a real competitor to Microsoft in the business arena. Novell's GroupWise, eDirectory, print server, etc. are marvelous products that Microsoft does not come close to; Novell must be in very bad straits indeed to do what they are doing with Microsoft.
Anti-Microsoft feelings can obscure the real problem--the type of technological abuse.
Microsoft is not the only problem
See updated news items!
DRM is exactly the same.. but they never complain the same way about DRM..
:)
Seems like a double standard to me..
False. It's Microsoft in this case, so I'm off the hook--consistent positions are not my concern.
Exactly. I manage ~50 specialty stand-alone PC's spread out across several US military bases. None of them are ever going to be connected to the internet. Consequently, none of them are ever going to run Vista.
Re: " ...and then you can sue Microsoft for the original license fee."
Oh, I assure you that it'll be for MUCH more than for for the original licence fee.
Heard any good sigs lately?
This may sound off beat, but for the sake of argument, wouldn't their actions inside my computer be considered "Breaking and Entering"? If they owned a doorknob company, they would have no right to break into my house to confirm a receipt to the doorknob that I installed. Yes, anyone can walk by the outside of the door and notice the vista brand on the doorknob, much like web pages resolve browser types when users connect to a site. So when the MS team break into your house and fails to find that your receipts are in the attic, even though you've paid, expect them to change your locks, leave no new key, and cheese it! I'm boycotting Vista.
I hope Vista will be delivered with an included Knoppix CD to make sure you can access your files after Vista has been deactivated by MS because you bought a new mousemat!
-- Cheers!
When you go to buy a computer, you don't really have a choice. Everything will come with Vista installed.
A few weeks back I bought a new computer with Linux preinstalled from a brick and mortor store. I only got it because I've been waiting for Apple to release the Core 2 MacBook Pro and my PC is dying.
FalconShould there be a Law?
I said no text
C - the footgun of programming languages
Don't the consumer protection laws come before any EULA you might agree? As in if the EULA forbids something that is provided by the laws of a country and the user does have every legal right to use bought software (not having shared license key or whatever) won't the EULA then be rendered void?
At very least the customer should be able to get their money back, and then buy another license or save few hundred bucks and go with some other operating system.
Are there any consumer protection laws in USA btw? I have hard time believing that this could be a problem in Scandinavian countries.
Please correct me if I am wrong :)
Disclaimer: I am not a lawyer, nor do I play one on TV.
Squirrel!
There are variants of boycotts. I wonder if you mean the temporary kind as in "if you repent, we'll come back".
I'm pretty sure there's a swath of disaffected users who won't come back. We just have to solve some short term problems. I've seen a lot of discussion about Vendor LockIn. The MBA types writing case studies of Apple would call that "adding value through unity". I can't help thinking of Animal Farm.
When I start my Linux Adventure, I'll keep track of the hours spent. I feel my situation is textbook: I'm clever, but no expert.
My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
Microsoft has broken the law before, and been found guilty. Nothing substantial happened.
Hell, the clit, er Clinton, admin had MS down for the count but the new Bush admin not only let them up a to walk away they didn't even slap MS on the wrist. This admin cares more for big business than for the people.
FalconShould there be a Law?
You mean somebody actually read one of those eulos?
I thought the idea was to find the "i accept" or "next" button as fast as possible..
If you do not read the thing you would not have all these problems!
Kill your TV
So why get Vista in the first place if hardly any rights are left for the user? I think more and more people will think like this. This OS together with this company are not working for you but rather against you.
.... when things like this happen.
There are better alternatives available. More people will see it
- Martin
Because of the one true difference between most open source projects and Windows. It isn't bugs, or features, or open standards, or any of that.
Windows has a marketing department they have to take orders from.
No programmer in his right mind would ever have suggested Genuine Advantage. Flawed right from the gate, that idea is. And I can prove marketing is responsible for it. It's all right there in the name. "Genuine Advantage". It doesn't describe what it does at all. It hides it and even tells a little white lie. Having this thing on your system is no advantage at all - to you, anyways.
Yup. Marketing people. And the guy who wrote the thing probably ended the argument by throwing up his hands and saying "Fine. I'll just write the damn thing. Nobody listens to me anyways. But don't come crying to me when this thing tanks."
Weaselmancer
rediculous.
How about if someone pulls a blue bunny & blackholes MS at their Peering Point?
Everyone's MS goes down when validation comes due - figure 3-4% on any given day?
Russia and EU governments have already expressed concerns over these kinds of issues, not to mention that if the capability is in Vista, then MS can be forced to implement it at the whim of the US government - add some geolocation code to the Vista server & everyone in France is a pirate.
And the more I use a computer for work, the less I want to use one outside of work. Hiking, hunting, biking, motorcycling, reading, hanging out with friends (sometimes playing non-computer games), building stuff, drawing, etc, are all more fun than sitting in front of a glass teat of any type.
I prefer physical interaction with people and nature myself. However along with hiking and other outdoor activities I also love photography, and though I haven't got a DSLR body yet to go along with my film SLR when I do I'll want to be able to upload my photos while I'm out hiking.
FalconShould there be a Law?
Hey, you guys who are all up in arms about Vista...
How many of you have installed Windows XP?
One reason I'm still using Windows 2000 is because Windows XP already gave Microsoft too much say in what I could do with my computer. If you accepted Windows XP, why draw the line at Windows Vista?
So you'll be forgotten and ignored soon enough. No one cares.
The *only* way MS will change their ways is if they see a hit to "the bottom line". Unfortunatly I fear that, just as with Wal*Mart
Heck, Walmart now sales PCs with Linux preinstalled now.
Right now Linux and MacOS are not options for much of the computer-owning/using population. Why? Games. Virtually none of the games most commonly played right now function in *either* platform.
I know I don't, and I know of noone else who buys and plays games much. Many of those who are game players have playstations or another game console, and those who have computers use them to get things done, check email, and surf the net. At the same tyme you're saying Macs don't have games I hear others say they wouldn't get a Mac because all they are good for is playing plays.
if Apple finally got their head out of their ass and offered their OS to the x86 using population
Apple isn't a software company, or a hardware company. Apple IS a Systems Company with both hardware and software that just work together. Apple has previously licensed Mac OS to clone makers but found out that the clone makers were draining Apple's sales. They lost more in declining hardware sales than they made in licensing Mac OS. So when they brought him back, Steve Jobs stopped the bleeding by stopping licensing Mac OS. However even if Apple were to make it work there's one big problem with licensing OSX, the 800lb gorilla that is Microsoft. Apple would be entering into direct competition with MS, and we all know how MS deals with competitors, Balmer throws his chairs around screaming he'll kill them.
FalconShould there be a Law?
Why M$ doesn`t change his to this simple one:
"Your PC and everything in it, is belong to us."
Simple and very clear
It's an issue that should be worked out by lawyers and law-makers,
EULAs are created by lawyers, you want to get rid of them. As for "law-makers", if this means congress the only authority the feds have is in the interstate commerce clause. If it means state legislatures, then yes let states handle it.
FalconShould there be a Law?
Regarding the submitter:
Software "ownership" is pretty much always "licensed used" in reality. As such, your usage is subject to either the terms of the vendor's license *or* copyright law.
There never seems to be any confusion when this is applied to GPLed (or other OSS licensed) software. Why is commercial software any different ?
You ring them up and get it reactivated. If they won't and you really *do* have a legitimate copy, you take the issue to a small claims court or sue them. Same thing you do whenever any other company doesn't deliver a service or product you have paid for.
Regarding TFA:
For some reason the author talks about contracts. EULAs are not contracts (or not binding ones, anyway).
The author talks about only "licensing" rather than "owning" Vista as if that is something unique, when pretty much _all_ "Intellectual Property" everyone "buys" is subject to exactly the same conditions. Just because you own a Vista DVD, doesn't mean you own Vista - just like just because you own a Finding Nemo DVD, doesn't mean you own Finding Nemo.
The author may well have an issue with "Intellectual Property" - personally I could easily relate to such a view - but using it as a thinly veiled excuse to Microsoft-bash is disingenuous to the point of deliberate deception.
Outside of the Microsoft-hating paranoia rife throughout Slashdot and well-represented in TFA, the reality of the situation is pretty simple:
* If you have a legitimate copy of Vista, you'll be fine. There's a slim chance you might suffer a minor inconvenience and have to bfiefly use a telephone to activate your version of Vista, but if it's legal, you'll be fine.
* Microsoft aren't going to engage in mass deactivations of legitimately licensed copies of Vista.
* Microsoft aren't going to shut down your copy of Vista just because you happen to read Slashdot or have a Linux partition.
* Microsoft aren't going to remotely lock you out of your data.
* Microsoft aren't going to remotely erase your hard disk.
There are going to be false positives when legitimate copies of Vista are shut down. No system is perfect. I fully expect the first time this happens a standard anti-Microsoft headline is going to hit Slashdot about how Microsoft destroyed someone's life because they had to spend five minutes on hold reactivating their OS when they could have been playing games. The regular Chicken Littles will be running around screaming "forced upgrade" like usually they do, and 99% of people won't care, because the actualy outcome (in EULA-esque small-print at the end of the article) will be that the person had Vista up and running again five minutes later.
Only if Microsoft don't reactivate a proven legitimate copy, however, is it actually going to be newsworthy. *Then* the paranoid Slashdotters might have a leg to stand on. I'm not going to hold my breath for that eventuality, however.
The open source revolution is happening. Microsoft is worried, as they should be. What would happen if everyone started running a freeware os like Linux and using free office suites like OpenOffice.org? Micro$oft would be left out in the cold. This is their answer to the sudden emphasis on Open Source. Granted, it's not a very good one, and it will turn off more people like me than it would keep. Who would want to run an operating system that basically owns your data? That's the key - that's how M$ is going to try to keep everyone on Windows. It's just like a car. When you have to buy an expensive part for your car, you usually figure it's worth it, because it's cheaper than getting a new car. Well, it's the same with this. If you have to go buy another expensive license to access your data, you figure you might as well just stick with Windows because it's easier to use than Linux or Mac OS (since it's the only thing you know how to use) and then there's compatibility to think about. People want to make sure they can do their work on their home computer and bring it in to work. That's how Micro$oft will keep customers.
How will M$ get away with this legally? Easy. How many computers owned by the government run Windows? What would happen if Microsoft disappeared? All those pretty little computers won't get anymore security patches, terrorists will hack into them, etc etc. Something bad would happen. Hey, when about 98% of all computer in the world run Windows, you can't expect Microsoft to disappear because they won't let several million people access their data without paying for the os twice, can you?
By the way, I'm proud to be living during the Open Source Revolution. We ought to start a Crusade against Sir Bill of Gates in the Silicon Valley...
This marvel of modern technology can only be programmed via the web, so in order to use it, you have to set up an account.
Creating an account requires you to accept Logitech's "Terms of Use". If you don't agree, you cannot create an account. Congratulations: you got an expensive Harmony paperweight.
The "Terms of Use" include the following Gems:
Translation: you are at our mercy.
Translation: Better be nice to us, or you'll have a paperweight on your hands.
Translation: We can change the contract terms without telling you and if you accessed the site without checking first, tough luck.
When you buy the remote, you are not told that your ability to use it may be restricted or that you are required to agree to a license in order to use it. You only discover it AFTER YOU PAY.
Smooth.
Real Smooth.
I only just learned about force-quit last night while trying to load HP printer drivers on Mac OS X 10.4.8. I have been very happy with my Mac and I have always been very happy with my HP printers, but last night I lost a lot of confidence. I was trying to install the drivers for my Photosmart C4180 printer on Tiger. The installer kept erroring out and not quiting gracefully. I tried both the CD copy and the downloaded copies of the driver. HP support said they have never heard of this trouble before. I always hate it when they say that because I don't believe I am the only persone on earth with a Mac and an HP printer. I asked the HP support person what the OS level was on their Macs and he said 10.4.6. Well 10.4.8 is the current version and HP's support depeartment is two versions behind. Considering it's HP, I would of expected them two have at least one machine on every known version of Mac OS X. But no, after making me try the install six times, they told me to call Apple and get help from them. Ah, its the old multi-vendor finger pointing exercise. How I hate that. Anyway, the moral lof the story is HP doesn't bother to keep up with Apple software releases any more. I guess I am lucky I never had to learn about force-quit before now.
The article is exaggerating _a little_. You can still boot off of CD and get access to your files.
Someone in the UK with time on their hands looking for a cause should contact the Office of Fair Trading since it sounds like the contract between MS and the individual is too one-sided and the OFT has a legal requirement to look into any complaint made. I understand that they work under rules that are common in most EU countries now, so maybe it would be worth doing there too.
And do you really think that "interstate commerce" can't be used to justify regulation of EULAs? The whole "interstate commerce" thing has become a technicality to spread federal control over all sorts of things. Anyway, it doesn't matter if it's handled on the state level or federal level. Either way, we should do away with EULAs.
The congress would try to use the interstate commerce clause but it would be inappropiate use I think. I believe what you say about the use of the clause being used a technicality for federal control is all too true, as witnessed by the the USSC's decision in the California medical marijuana case a few years back. The Justices used the clause as a basis for denying California's decision to allow medical marijuana yet they basically said it wasn't about interstate commerce. As for EULAs while I prefer free as in free speach not free beer, if anything EULAs shoud be clearly written and accessible without having to open packaging, so people will can know what is included before they buy as well as have less restrictive terms.
FalconShould there be a Law?
Vista's EULA Product Activation Worries: Mark Rasch looks at the license agreement for Windows Vista and how its product activation component, which can disable operation of the computer, may be like walking on thin ice.
you had me at #!
So I really do not think the author has fully understood what happens at the end of the 30 day grace period. And as usual the majority of the anti-ms types of slashdot have blindly agreed with any anti-MS sentiments voiced rather than spend time researching the truth; it is out there. At the end of the grace activation period (30 days) Windows Vista goes into 'reduced' functionality mode. Microsoft do not encrypt data, they do not delete data, they do not prevent you from getting to that data to off load it. What happens is that Windows Vista runs the default browser (yes even if its Firefox it runs it) that will allow you to connect to the activation site via the web, or any other web site if it comes to that, or present instructions on how to activate via the telephone. After one hour the logged on user is logged off. The user can immediately log back on. Users are presented with reminders about activation as the grace period expires, with increasing frequency, until they activate or elect to not. The purpose of Activation is not to be able to deny you access to data but to deny people who pirate closed source software a revenue stream. Have a look at the following two URLs for more detail. http://www.microsoft.com/technet/windowsvista/plan /faq.mspx#EYPAC
http://www.computerworld.com/action/article.do?com mand=viewArticleBasic&articleId=9004970