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Microsoft Slugs Mac Users With Vista Tax

An anonymous reader writes "Mac users wanting to run Vista on their Macintosh, alongside Mac OS X programs, will have to buy an expensive version of Vista if they want to legally install it on their systems. The end-user license agreement for the cheaper versions of Vista (Home Basic and Home Premium) explicitly forbids the use of those versions on virtual machines (i.e., Macs pretending to be PCs)." Update: 02/08 17:50 GMT by KD : A number of readers have pointed out that the Vista EULA does not forbid installing it via Apple's Bootcamp; that is, the "tax" only applies to running Vista under virtualization.

12 of 661 comments (clear)

  1. Summary incorrect. by Whiney+Mac+Fanboy · · Score: 5, Informative

    The summary is incorrect (quite understandable, as the article is misleading for the first half).

    You're free to install Vista Home on a mac using bootcamp.

    You're not free to install Vista home on any virtual machine including vmware under windows, bochs on linux or parallels for Mac.

    In other words, the discrimination is against virtual machines, not Macs.

    --
    There are shills on slashdot. Apparently, I'm one of them.
    1. Re:Summary incorrect. by umbrellasd · · Score: 5, Informative

      Agreed. This clause refers to running Vista in VMs a la VMWare. The concern is that they want you to buy 3 copies of Vista instead of cloning three VMWare images and running 3 machines on one fat piece of hardware. Bootcamp isn't even virtualization as what it does is make it easier to grab the appropriate Windows drivers (for Mac hardware and load them during the install process. Installing Vista on a Mac is the same as installing on any other supported hardware (Intel Core duo + ATI video doe my iMac); it's the OS run directly on your hardware with appropriate drivers. The guy from Parallels is right about his comment because they _do_ virtualize the hardware and give you a VM, but thats not at all the same as the title claim which is "All Mac users pay a M$ tax to run Vista". No, they won't have to and that would be a stupid move for M$. They will be very happy to make their $199 or whatever it is if you are a Mac user and disable enough of your brain to think you might like to occasionally prefer Vista over MacOS.

  2. Re:Apples moves into VM by Whiney+Mac+Fanboy · · Score: 5, Informative
    Incorrect.

    1) The EULA terms apply to all VMs, not just Macs.

    2) This anonymous comment found here says:

    This does not limit your use of the software in a virtual environment. It is intended to limit your use of the same license for multiple installations. For instance, if you buy a new desktop with a copy of windows installed, you can't take that same license of Windows and install it in a virtual machine. This would be similar to not allowing you to install the same license on another machine. Ultimate edition opens up licensing and allows you to use the same license inside a virtual machine, even though the license is already installed on the physical machine.
    Be nice to see some confirmation from MS tho'.
    --
    There are shills on slashdot. Apparently, I'm one of them.
  3. Only with Parallels/VMWare, Not with Boot Camp by RalphBNumbers · · Score: 5, Informative

    A Mac running Windows via Boot Camp is not running the OS in a virtual machine.
    It's just using the same kind of BIOS-compatibility layer that any other PC with EFI uses to boot Windows.

    But, in any case, the idea of paying $400 for Vista Ultimate + $80 for Parallels, just to run the occasional windows only binary on your mac, is incredibly noxious.

    --
    "The worst tyrannies were the ones where a governance required its own logic on every embedded node." - Vernor Vinge
  4. Re:MAC users who want to run Vista Home by boxlight · · Score: 5, Informative

    Tell me again why a MAC user would _want_ to run vista on their MAC?

    I'm a Mac user and I need access to Windows because I have to test my Java code on Windows. I don't want a separate PC machine just for testing code.

    Other Mac users may need to run Windows-only software like Microsoft Project or games that are only available for Windows.

    boxlight

  5. Re:Apples moves into VM by nmb3000 · · Score: 5, Informative
    First, the article should be tagged flamebait.

    Be nice to see some confirmation from MS tho'.

    Well, here are the important parts from the license agreement:

    MICROSOFT WINDOWS VISTA HOME BASIC

    4. USE WITH VIRTUALIZATION TECHNOLOGIES. You may not use the software installed on the
    licensed device within a virtual (or otherwise emulated) hardware system.

    MICROSOFT WINDOWS VISTA HOME PREMIUM

    4. USE WITH VIRTUALIZATION TECHNOLOGIES. You may not use the software installed on the
    licensed device within a virtual (or otherwise emulated) hardware system.

    MICROSOFT WINDOWS VISTA ULTIMATE

    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 here:

    WINDOWS VISTA BUSINESS

    f. Use with Virtualization Technologies. You may use the software installed on the
    licensed device within a virtual (or otherwise emulated) hardware system. 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.
    Obviously this says nothing about Macs.

    It is intended to limit your use of the same license for multiple installations.

    The wording does seem to suggest this. By saying you cannot install it in VM running on the "licensed device " it sounds like it just means you cannot run the software inside a VM on the same machine that's already been licensed for it. If you buy Ultimate, they're basically giving you two licenses, one for the physical machine and one for use in the VM. The Home versions do not include this "bonus" license.
    --
    "What do you despise? By this are you truly known." --Princess Irulan, Manual of Muad'Dib
    /)
  6. Re:Coherence changed my life by seanadams.com · · Score: 3, Informative

    The VM feels just as fast as a native machine for CPU and filesystem stuff. I haven't attempted to benchmark it - this is just subjective "real world" feel. For graphics it might be slower, but I don't use games or 3D apps, so I don't notice.

    I have not had a single compatibility issue. In fact everything just works so well you don't even notice all the individual little things that work just fine, such as two-finger trackpad scrolling, USB devices, drag and drop, etc. Some things like wireless networking actually work _better_ in the VM than on a native windows install, because they're handled by MacOS and abstracted to a simpler virtual drivers that the VM uses.

    It's actually kind of eerie how well it works!

  7. Re:Why not? by malchus842 · · Score: 5, Informative

    Sorry, but 10.2 to 10.3, or 10.3 to 10.4 are NOT service packs. The service packs are the 3rd digit: 10.3.2, 10.4.8 and so on. When the middle digit changes, they charge - and they provide significant new features. When the last digit changes, they provide bug fixes. Very simple.

    If you are going to rail on the Mac, fine, but please at least know what you are talking about.

  8. Re:Actually, you can't run Vista at all... by mr_matticus · · Score: 3, Informative

    That depends on the definition of "emulated" you use. If somewhere toward the beginning, it talks about the use of a virtual machine or some other kind of software emulation, you'd have to test their definition. If the architecture is emulated in hardware, you'd be off the hook. There are protections against "unreasonable and unintended consequences" in contract language, and this would be one of them--but more importantly, you'd never need them because Microsoft would never construe microcode emulation to be in violation of their license. I suspect you were modded up simply because of your shrink wrap jab. Back in the real world, though, your concern has nothing to do with EULAs but rather contract language in general (that is, ALL contracts would be affected by this pedantry), especially those with more dire consequences (corporate licensing and binding stipulation).

  9. Re:Apples moves into VM by Lonewolf666 · · Score: 5, Informative

    It hasn't been tested in courts but I think it's reasonable to expect that the EULAS carefully prepared by an army of lawyers would stand up in court without problems.

    In Germany, a Microsoft EULA clause that forbids unbundling of OEM versions has failed in court a few years ago. It was the Bundesgerichtshof to boot, Germany's highest court in non-constitutional affairs.

    Large companies use EULAs as FUD tactics far more often than you think. If the EULA can scare most people into obeying (not counting those who outright pirate the software anyway), it has served its purpose even if it doesn't hold water in court.
    --
    C - the footgun of programming languages
  10. Re:Apples moves into VM by node+3 · · Score: 4, Informative

    The concept of the EULA has been tested and upheld now in numerous lawsuits in numerous states. I call "bullshit". In fact, I call "super-bullshit" since the exact opposite is the case.

    "Most courts that have addressed the validity of the shrinkwrap license agreements have found them to be invalid ... A minority of courts have determined that the shrinkwrap license agreement is valid and enforceable"

    Taken from: wikipedia.
  11. Re:Apples moves into VM by ari_j · · Score: 4, Informative

    The common law is the body of case law in a given jurisdiction. It originated in England, as compared to the civil law countries of the European continent (and Quebec and Louisiana, going back to their French roots). English colonies inherited the common law and, by and large, are still common law jurisdictions today. That includes every state in the US (other than Louisiana) that was added after independence.

    Now, as to the common law of contract, the statement is still not necessarily right. General rule of thumb: Don't get your legal advice from Slashdot, or anywhere else on the Internet.