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Professor Michael Geist on Vista's Fine Print

Russell McOrmond writes "With Microsoft's Vista set to hit stores tomorrow, Michael Geist's weekly Law Bytes column (Toronto Star version, homepage version) looks at the legal and technical fine print behind the operating system upgrade. The article notes that in the name of shielding consumers from computer viruses and protecting copyright owners from potential infringement, Vista seemingly wrestles control of the "user experience" from the user. If you are a Canadian and think that the owner of computers should be in control of what they own, rather than some third party (whether virus authors or the manufacturer/maker), then please sign our Petition to protect Information Technology property rights."

7 of 314 comments (clear)

  1. EULA's and click thru's by gravesb · · Score: 4, Interesting

    There is still a lot of debate on whether EULA's and click through agreements are completely binding. I won't get into all of the arguments on both sides, but I believe that companies are afraid to really go after anyone for breaking the asnine portions of these agreements because a court might rule that these documents are not binding contracts. They are handy for threatening people in certain situations, with cease and desist letters, and for making corporate users wary about potential law suits, thus restricting their usage and options. Of course, a court could hold that they are completely binding, and then the software companies would be free to attack an breach. So each side seems to be in an uneasy truce.

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    http://bgcommonsense.blogspot.com
  2. Re:That stampede sound you are hearing.... by JimDaGeek · · Score: 4, Interesting

    That is exactly what I did a few months ago. I dropped my wife's HP laptop and the screen broke. It would have been $600 to fix it so I bought an Intel Macbook. My wife loves it, and so do I. In fact she was always yelling at me for always taking it from her so I said the only way she could keep it is if I got my own Mac. A little later I got an Intel iMac and love it. I triple boot with WinXP for a few games, Visual Studio and MS SQL Server and Linux for my "fix".

    There is just no reason to go to the junk that is called Vista. I hope WinXP will still allow me to do the few things I need to in MS Windows for the next 3-5 years, then I can see what the OS landscape is like.

    As for others saying Apple is just as bad as MS when it comes to restrictions and DRM, they are clueless. I never had to do any "activation" on my two Intel Macs. The only DRM I have found is with iTMS, so I just don't use it or buy music. I did buy a few TV episodes from iTMS, however when I couldn't burn them to DVD to watch on my big TV, I stopped that as well. OS X is just far better than anything from MS. I get the juicy *nix that I love and a very good user experience for me as well as an easy to use experience for my wife.

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    General, you are listening to a machine! Do the world a favor and don't act like one.
  3. Re:Futile petitions aside by hackstraw · · Score: 4, Interesting

    Isn't the most effective way to "protest" it just not buy, to explain to your friends and workplaces why they shouldn't buy it, and most particularly, to aggressively pursue a refund for any bundled versions that you're forced to buy with hardware?

    Not to buy. Have not given MS a dime since 1995.

    Explain to friends and workplaces. I cannot recommend MS products over the alternatives. With my friends, I clearly tell them if they are asking my advice, my answer is to buy a Mac. None to date have taken my advice, and they still ask me about "Windows problems" when I politely told them that I don't do windows and that I could not help them with windows problems upfront. Workplaces. They seem to be MS dependant despite years of suggestions to change.

    Refund? The principle of the thing is worth more than the money, and for most people, neither is that important to them.

    All I can say is that this petition is a day late and a dollar short, but although I have fixed my microsoft problem. I still know plenty of people that don't care or just won't change from the MS problem.

    I am _not_ brand loyal/disloyal. I treat all things as generic tools and will use what is best for the job at the current time, and things come and go on my shitlist, and I don't hold a permanant grudge until the company has gone too far. To date, only two companies have made my permanant shitlist, and I have brought one of them to court as well, and neither are Microsoft.

    Macs were on my offlist before OS X, but they have seen the light :)

  4. "you may not work around..." Stunning! by dpbsmith · · Score: 4, Interesting

    "you may not work around any technical limitations in the software."

    That's absolutely stunning. I wonder exactly how broadly that could be interpreted?

    If I buy any kind of third-party utility... antivirus software, backup software, a defragmenter... isn't that "working around" technical limiations in the software Microsoft provides? Isn't Firefox arguable a "workaround" for technical limitations in Internet Explorer?

    It's about time to stop calling it a "personal computer" and start calling it a "Microsoft corporate computer."

  5. Re:That stampede sound you are hearing.... by Dunbal · · Score: 4, Interesting

    So my new debate is whether to accept Vista and simply work around its limitations and restrictions

          According to Microsoft's EULA: "You may not work around any technical limitations in the software"

          I think they just helped you with your decision.

    --
    Seven puppies were harmed during the making of this post.
  6. Re:That stampede sound you are hearing.... by It+doesn't+come+easy · · Score: 4, Interesting

    Windows Vista is, at least for me, the anvil that broke the camel's back. I have been planning a switch to Linux for about two years and Vista is the prefect opportunity to commit. In fact, Microsoft has practically made it mandatory. I wonder how many other users feel the same way? Regardless, Ubuntu, here I come :).

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    The NSA: The only part of the US government that actually listens.
  7. My vist experiance by thorkyl · · Score: 4, Interesting


    I loaded it on a twin dual core with 4 gig of ram.
    It booted slower than 2k pro
    It would not allow me to install sybase (vista said it was a virus)
    I could not run Office 2000 on it. I would just crash if it opened at all
    I was unable to load my custom written backup software, it did not have a valid certificate
          ( i wrote the software )

    I unloaded vista and put 2k back on it

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    -- I am the NRA, enough said...