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Is Onlive Pirating Windows and Will It Cost Them?

An anonymous reader writes "When Onlive, the network gaming company, started offering not just Microsoft Windows but Microsoft Office for free on the iPad, and now on Android, it certainly seemed too good to be true. Speculation abounded on what type of license they could be using to accomplish this magical feat. From sifting through Microsoft's licenses and speaking with sources very familiar with them, the ugly truth may be that they can't."

24 of 225 comments (clear)

  1. They applied for a site license by Anonymous Coward · · Score: 5, Funny

    Is it their fault that Microsoft didn't think they were literal when they wrote the planet Earth in as their location?

    1. Re:They applied for a site license by javascriptjunkie · · Score: 5, Informative

      No, but there's no actual proof that onlive has done anything wrong. The terms are not public. When did we start accepting rampant speculation as journalism?

    2. Re:They applied for a site license by Anonymous Coward · · Score: 5, Insightful

      I can see by your UID that you're new around here but, for fucks sake, don't come off like that much of a chump at the same time too. At any given time about half the articles on Slashdot are based on speculation.

    3. Re:They applied for a site license by hairyfeet · · Score: 4, Insightful

      Uhhh...if Microsoft says "We don't actually sell a license that allows what they are doing" then what else is there really to say? i mean i can buy a VLK of Windows but that doesn't give me the right to set up a "free Windows for everyone LOL!" website and pass that VLK key to anybody and everybody. Every single license, yes even GPL, has rules and limitations and if the guys whose license it is says "You can't do that" well then most likely you can't.

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    4. Re:They applied for a site license by Trahloc · · Score: 4, Interesting

      Considering there is gross negligence in the article I don't think he's wrong to be a 'chump' as you put it. As an SPLA provider I can confirm there IS a win7 license available under SPLA. The article the person points to glosses over the licenses existence because he can't get an answer from microsoft on how to use it. So he gets a shitty rep and suddenly the license ceases to exist. So yeah, this article is full of bullshit and never should have made it to the front page. Sending emails isn't going to get you through the bureaucracy that is Microsoft, you pickup the damn phone and talk to your SPLA rep and request one of the license guys like I have in the past when trying to clarify MS's lame ass licenses. Being unwilling to do the legwork to get the facts doesn't give you the right to pull shit out of your ass and claim its reality.

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    5. Re:They applied for a site license by Dahan · · Score: 5, Informative

      As an SPLA provider I can confirm there IS a win7 license available under SPLA.

      Huh, maybe you should let Joe Matz, VP of Worldwide Licensing and Pricing at Microsoft know, since he says, "However, it is important to note that SPLA does not support delivery of Windows 7 as a hosted client."

      He also mentions, "We are actively engaged with OnLive with the hope of bringing them into a properly licensed scenario, and we are committed to seeing this issue is resolved," which implies that OnLive is not currently properly licensed.

  2. Service Provider License Agreement by jesseck · · Score: 4, Informative

    They are probably using the SPLA for this. That allows you to license software for your service on a monthly basis.

    1. Re:Service Provider License Agreement by satchelmouth · · Score: 5, Informative

      Windows 2008 Remote Desktop Services with Remote Desktop Experience pack (which gives you essentially a complete Win7 experience) is how you do it under SPLA. That would be legal under SPLA.

    2. Re:Service Provider License Agreement by fuzzyfuzzyfungus · · Score: 4, Interesting

      That's what is so weird:

      MS will let you farm out 2k8 RDS sessions, with essentially all the trimmings that Win7 would be capable of over RDP, for the right money; but they simply Will Not Sell an SPLA to perform the (with contemporary virtualization and deduplicated storage backends) virtually identical act of farming out Win7 VMs.

      I honestly find it rather puzzling. If they didn't offer 'desktopish' SPLAs at all, that'd be unpleasant of them; but would be a coherent 'no way are we letting thin clients take over' strategy. If they followed a 'we don't care how you do it, we just want to get paid per month, per seat' approach, that'd be similarly coherent.

      As it is, though, there just doesn't seem to be a coherent logic behind the licensing terms.

    3. Re:Service Provider License Agreement by howardd21 · · Score: 5, Informative

      I am with a Microsoft Gold Partner, and we host and use the SPLA. The fact is that they would need to use these licenses at a minimum:
      * Remote Desktop SAL (6WC-00002) @ 3.45 a month
      * Office Standard (021-08183) @ $10.30 a month


      That is $13.75 a month per user they need to pay Microsoft + all the other costs for hardware, support, etc.

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    4. Re:Service Provider License Agreement by DavidRawling · · Score: 4, Informative

      From what I recall, SPLA is not concurrent usage, it's "per account per month".

    5. Re:Service Provider License Agreement by jamesh · · Score: 4, Informative

      From what I recall, SPLA is not concurrent usage, it's "per account per month".

      That's pretty much it. You count up the number of users that used the product over the month and tell Microsoft.

    6. Re:Service Provider License Agreement by symbolset · · Score: 5, Insightful

      Speculating about the terms is useless. There is no requirement that this customer uses a standard license or terms. Like Nokia they may have a special deal where Microsoft pays THEM per activated user, and now Microsoft is saying "er, wait. This isn't going how we thought so let's draw your attention to Paragraph 752, subparagraph 17 which reads 'offer void under the following conditions' and under codicil 3 of the 4th amendment was added the text 'if we say so'." We don't, and won't know the terms so there's no point in talking about it.

      OnLive should have known better. Nothing good comes of bargaining with the devil.

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    7. Re:Service Provider License Agreement by Anonymous Coward · · Score: 5, Interesting

      Like Nokia they may have a special deal where Microsoft pays THEM per activated user

      Funny story about that.

      I recently bought a cheap Android China phone, supposedly based on the a MediaTek SoC. When it arrived, it had a slightly modified version of ICS, felt solid and well-made and ran very nicely, much more responsive than I expected from the specs. I decided to reflash the firmware to get a clean English-language install, but couldn't get it to load a new ROM.

      To cut a long story short, I dismantled it and found a nice Snapdragon CPU and lots of HTC branding. Turns out it was one of the HTC HD7 Windows phones that nobody would buy, re-purposed as an Android phone. They're selling like hotcakes in Asia.

      It'll be worth keeping your eyes open in a few months - there's likely to be a whole bunch of cheap Microsoft-subsidised reflashed Nokias showing up on the grey markets as well. They'd be good machines with a decent OS running on them.

  3. from TFA by sdnoob · · Score: 4, Informative

    (i know, i know.. i will punish myself later)

    Joe Matz, Corporate Vice President of Licensing and Pricing went on the record with âoeWe are actively engaged with OnLive with the hope of bringing them into a properly licensed scenario, and we are committed to seeing this issue is resolved.â

    i read this as being: onlive is not presently legit but microsoft is playing nice (i.e. squeezing them for every last nickel without involving more than a few lawyers) for now -- until they lose patience (or feel threatened by being beating to market by an upstart.. not once but twice) and bring the sledgehammer down on onlive's entire business model -- windows and office desktop and gaming platform (xbox and windows games, at least)

  4. Re:real ugly truth by Anonymous Coward · · Score: 4, Insightful

    False dichotomy.

  5. Re:Who shives a git!!! by eldorel · · Score: 5, Interesting

    Anyone who needs to run Windows-exclusive apps.

    In other words, most businesses and their employees.

    I would argue quite the opposite, most business and employees actually only need a small subset of the features that Microsoft's products have, and most of these features have been replicated or improved upon by free software.

    Especially where Office is concerned.

  6. Re:Who shives a git!!! by MightyMartian · · Score: 5, Insightful

    No open source software that I've seen handles docx halfway as well as Word 2007 and Word 2010. "Good enough", as in "this wordprocessing software is good enough for almost all needs" is a given, but that's not really the question. You're talking about sixteen or seventeen years of Office dominance here, coupled with Exchange. Do you understand the manpower that would be required to convert a large company from Office-Exchange to something else (assuming that something else was in fact an improvement in any real sense).

    I'll concede right now that I loath Exchange. I hate it. I hate everything about. I hate how brittle aspects of it are, the bizarre dependencies with other systems like IIS which means if .NET/ASP takes a nosedive, your clients suddenly find out they've lost a whole lot of functionality. Believe me, I've had many sleepless nights over Windows because it's seemingly easy configurations are filled with pitfalls. I love the *nix world where you can got "cp worldsmostimportant.conf worldsmostimportant.conf.bak" and muck around to my hearts content with the config, knowing I can pretty much wipe out any changes by inverting the command and restarting the daemon. At heart, I'm a *nix man and have been for over two decades. I fit *nix and open source solutions in wherever I can.

    But at the end of the day, my boss and my coworkers are expecting to walk in, log on to their Windows workstation, start up Outlook, work on their budget in Excel and read the latest business requirements documentation in Word. I hand them Zimbra and LibreOffice, and it's going to be nasty. Eventually I might calm the waters, but then someone is inevitably going to get some Word 2010 document with wild formatting and it's going to open up in LibreOffice like the dog just puked on the screen, and then I'm going to get demands for solutions, and the only solution is going to be "I guess we should have Word on there."

    In the long term, Microsoft's dominance even in the business world will begin to wane, no doubt about it. As more tablets and smartphones make their way in, and the requirements of more open document standards and protocols become clear, things will change. But until then, and as ugly as it sometimes is, in the big world, Exchange-Office are still way ahead.

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  7. Re:real ugly truth by Anonymous Coward · · Score: 5, Informative

    The United States was booted off the UN human rights committee and replaced by China out of its unwillingness to address fundamental problems like having the highest incarceration rate of any UN member nation, no journalist shield laws, carrying out a forced sterilization program on its citizens, and for numerous actions that are against the Geneva convention such as the torture of political prisoners and secret courts where people are indefinately detained or even executed.

    Source? According to the Human Rights Council's website, the US and China are both current members.

    Also, although the US has no federal shield laws for journalists, most states do (and I really doubt China has any).

    Clearly the US government has committed human-rights abuses, but are you seriously arguing that China has a better record on human rights than the US?

  8. Re:Who shives a git!!! by symbolset · · Score: 5, Insightful

    Those who ignore Unix are doomed to reimplement it, poorly.

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    Help stamp out iliturcy.
  9. Re:Who shives a git!!! by capnkr · · Score: 4, Interesting
    Of the 3 or 4 different Linux installs I have on various computers, a $29.00 HP 1100 printer purchased this past year gets recognized and the HPLIP driver installed with little input and no problems. As easily as, if not easier than, the process goes with Windows XP, Vista, or 7. So don't diss the cheapies. :) Despite that, the points you were making in your post are more right than wrong. Every Linux-vs-MS thread, you see the MS shills and fanbois run out the same old tired dogs of "no printer support" or "video cards don't work as well" or "no Linux games", etc etc, ad infinitum, ad nauseum. They think this is true, because they have no personal experience. It is what they believe, however mistakenly, because it is the thing they use to defend their perceptions and rely upon to make themselves feel secure in their choice. No more, no less. Pitiable, though, IMO.

    Though MM may in fact use *nix solutions as stated, I find the opening line of that post is disingenuous as worded, so I've edited it here to make it more obvious what is being said:

    No open source software that I've seen handles the Microsoft proprietary format docx halfway as well as the Microsoft native applications for the format, Word 2007 and Word 2010.

    Bolding mine, to point out the obvious deficiencies of that argument.

    User eldorel is right, even if the pro-MS crowd doesn't like to admit it.

    most business and employees actually only need a small subset of the features that Microsoft's products have, and most of these features have been replicated or improved upon by free software.

    Especially where Office is concerned.

    It has been widely touted that Office 07 and 10 both have support for ODF, though from what I've read in articles I understand it to be better implemented in 10. As a true cross-platform, cross-app standard, perhaps a "professional" IT person relied upon by otherwise unknowing end users might suggest that their company begin using *that* as the way in which to author and save their documents. Doing so just might create a result better than "the dog just puked on the screen" when a document happens to be opened by someone using a different brand of the same type of application. That's the whole point of the thing, really, isn't it? So why should we not support that, for the sake of our end users? In order to promote/prop up the MS hegemony? Not a good idea, from where I sit.

    --
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  10. Re:Who shives a git!!! by PCM2 · · Score: 4, Insightful

    The developers are all using Visual Studio through Win2k8 Remote Desktop services on their Macbooks, and we're working towards having them develop completely in browser-based IDEs. We eventually plan on having only Windows on the server side (SQL server, CruiseControl CI autobuild environment).

    Mind explaining why? Serious question... because it sounds like you're deliberately setting yourselves up to ensure that you have the worst of all possible worlds. Buying employees MacBooks so they can access Windows-only software through Remote Desktop, just by itself, sounds like madness. And yet if you really don't want to have a Windows-centric environment, one would think the servers would be the first thing to go off Windows. Is there anything in your whole environment that you haven't managed to kluge, hobble, or overspend on?

    --
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  11. Re:Who shives a git!!! by AAWood · · Score: 4, Insightful

    Though MM may in fact use *nix solutions as stated, I find the opening line of that post is disingenuous as worded, so I've edited it here to make it more obvious what is being said:

    No open source software that I've seen handles the Microsoft proprietary format docx halfway as well as the Microsoft native applications for the format, Word 2007 and Word 2010.

    Bolding mine, to point out the obvious deficiencies of that argument.

    I agree that your alteration makes his point clearer (although I'm unsure it was really necessary), but I'm not sure it's as much to the argument's detriment as you think. I'm probably going to come off as a Microsoft fanboy here, but so be it.

    The reminder must be made that companies both create a legacy of existing files, and must use files by other companies. If you were to flick a magic switch, today, and have all your users understand a new suite of office applications and religiously save into an open format, you would in no way have solved your problems. Their blissful glee at being able to do what they were already doing but in a slightly different way would last until the moment they tried to open an existing file, or one from an external source, that "doesn't look right". And yes, I know I'm going over the same old points that get made, but I'd argue that 1) they're unfortunately still relevant, and 2) with respect, your own points aren't new either.

    One additional aspect that usually gets skipped over is Microsoft Access. Yes yes, toy database, shouldn't be used in business etc etc, but we all know it does. I don't believe, and please correct me if I'm wrong because I haven't checked in a year or two, that any of the open source suites can attempt to open .mdb files. There are now open source Access-like systems to create databases, but again, what do you do about the legacy information? With databases, it's even more likely that these may be currently used, critical files.

    As you've said, the starting point is probably to begin using the open document formats in Microsoft products, until all the documents made with older formats are simply not relevant anymore; for my part, our company has only migrated a few users to a version of Office new enough to *have* those formats, so I'm stuck with .doc whether I like it or not. In the end though, it's rather amusing to consider that if, one day, we find ourselves in a situation where the majority of files are created in an open format and switching to an open office suite is easy, it's likely because Microsoft bridged the gap this way.

  12. Re:Are you sucking my frosty piss by Kamiza+Ikioi · · Score: 5, Funny

    and will you swallow? YES and YES!

    Not sure why parent was modded down... that's straight from a MS EULA.

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