More MS EULA Fun 602
gray code writes: "The Register is reporting that Microsoft has placed an interesting wrinkle in the EULA of WinXP SP1 and Win2k SP3 that asks for the same remote admin rights as the Windows Media Player patch that raised such an uproar. I think I'll be leaving my Win2k box at SP2, thank you very much." Update: 08/04 15:05 GMT by T : Helix150 writes that a separate EULA for W2K's SP3 "contains this nasty bit: 'You may not disclose the results of any benchmark test of the .NET Framework component of the OS Components to any third party without Microsoft's prior written approval.' Hmmm..."
Re:And if they didn't? (Score:2, Informative)
Using linux may indeed be a superior solution, but I think your neglecting the fact that business managers are the ones making the decisions to use windows over linux. Why don't you preach to them?
Just a though
Re:And if they didn't? (Score:5, Informative)
I checked the Automatic Updates Control Panel Applet, It was clearly unchecked, as in "Don't check for updates".
Yes, when I checked my system services, there was Automatic updates set to Start automatically and currently started and running even though It was clearly disabled in Control Panel.
Set to manual, stop the service, that should do it.
Nowhere did I see the Eula state "with or without your consent" either. Stop making stuff up.
Here is a copy of the changes... (Score:2, Informative)
* With respect to the OS Components only, if the licensor of the
applicable OS Product was an entity other than Microsoft,
then for the purposes of this Supplemental EULA Microsoft
will be the licensor with respect to such OS Components in
lieu of the "Manufacturer" or other entity and support, if
any, for such OS Components shall not be provided by
Manufacturer. With respect to the existing functionality
contained in the applicable OS Product which is not updated,
supplemented, or replaced by the OS Components, the EULA
for the OS Product shall remain in full force and effect as to
that OS Product.
* If you choose to utilize the update features within the OS
Product or OS Components, it is necessary to use certain
computer system, hardware, and software information to
implement the features. By using these features, you
explicitly authorize Microsoft or its designated agent to
access and utilize the necessary information for updating
purposes. Microsoft may use this information solely to
improve our products or to provide customized services or
technologies to you. Microsoft may disclose this
information to others, but not in a form that personally
identifies you.
* The OS Product or OS Components contain components that
enable and facilitate the use of certain Internet-based
services. You acknowledge and agree that Microsoft may
automatically check the version of the OS Product and/or its
components that you are utilizing and may provide upgrades
or fixes to the OS Product that will be automatically
downloaded to your computer.
* If you have multiple validly licensed copies of the applicable
OS Product(s), you may reproduce, install and use one copy
of the OS Components as part of such applicable OS Product
(s) on all of your computers running validly licensed copies
of the OS Product(s) provided that you use such additional
copies of the OS Components in accordance with the terms
and conditions above. Microsoft, its subsidiaries and/or
suppliers retain all right, title and interest in and to the
OS Components. All rights not expressly granted are
reserved by Microsoft, its subsidiaries and/or suppliers.
Auto updating and Apple (Score:2, Informative)
From the EULA and the Article
"You acknowledge and agree that Microsoft may automatically check the version of the OS Product and/or its components that you are utilizing and may provide upgrades or fixes to the OS Product that will be automatically downloaded to your computer,"
Apple doesn't do that in OS 9 or X or QuickTime.
All the Apple auto updaters make you pick the ones you want to install. Then they come up with a second opt in, and in the case of ones that play with the UNIX under the hood, the user has to authenticate as an admin or Root.
I think the AC here is a PR hack, nice try to pull Apple in and paint them with the same brush as MS.
But it makes the firewall illegal, no? (Score:4, Informative)
Re:A case for the EU commission (Score:3, Informative)
Most of what's being discussed here is the subset of common law related to contracts.
To my knowledge, nobody but the anarchists -- not even the staunchest of libertarians -- wants to eliminate enforcement of contracts, or controls over how contracts must be made (and agreed to) to be binding.
Re:And if they didn't? (Score:3, Informative)
ostiguy
Re:And if they didn't? (Score:3, Informative)
Pity the Dial-Up Users (Score:2, Informative)
Making a slipstream W2K SP3 cd doesn't change eula (Score:1, Informative)
1) Windows 2000 cd original.
2) Slipstream service pack 3 into it (admins do this).
3) Install it to a drive on a computer.
4) MARVEL at the fact that slipstreaming DOES NOT change the EULA and that you have the ORIGINAL W2K EULA while using sp3.
The burning question is, what are the legal implications of this discovery? Slipstreaming is a standard admin procedure. Which EULA is valid. The one you were presented with, or the one they want you to use but didn't bother changing when you slipstreamed.
I really want to know.
(Slipstreaming for those who don't know, is when you put service patches or updates into a base install so they are pre-installed and don't require you to install them over and over for every machine on a network. This is done often for Office for example where patches are streamed into an admin install and then by executing one command they can update every office install on the entire network without having to walk to each computer and doing it by hand.)
Re:And if they didn't? (Score:3, Informative)
Windows Update will put the MS Messenger "trojan" back on your PC.
See this Register article (which has a link to a simple batch file hack that will expunge Messenger for you):
http://www.theregister.co.uk/content/archive/24
The article on the "trojan" behavior of Windows Update on reinstalling MS Messenger:
http://www.theregister.co.uk/content/4/24668.ht
It's not that I MIND MS Messenger... It's that I DONT USE IT. So why should I have it wasting RAM and running? I use AIM, have for years, and all my IM friends use it, so I have no reason to change or to sign up for a Passport...
Re:Odd (Score:5, Informative)
Open Source. Recipient's license rights to the Software are conditioned upon Recipient (i) not distributing such Software, in whole or in part, in conjunction with Potentially Viral Software (as defined below); and (ii) not using Potentially Viral Software (e.g. tools) to develop Recipient software which includes the Software, in whole or in part. For purposes of the foregoing, "Potentially Viral Software" means software which is licensed pursuant to terms that: (x) create, or purport to create, obligations for Microsoft with respect to the Software or (y) grant, or purport to grant, to any third party any rights to or immunities under Microsoft's intellectual property or proprietary rights in the Software. By way of example but not limitation of the foregoing, Recipient shall not distribute the Software, in whole or in part, in conjunction with any Publicly Available Software. "Publicly Available Software" means each of (i) any software that contains, or is derived in any manner (in whole or in part) from, any software that is distributed as free software, open source software (e.g. Linux) or similar licensing or distribution models; and (ii) any software that requires as a condition of use, modification and/or distribution of such software that other software distributed with such software (A) be disclosed or distributed in source code form; (B) be licensed for the purpose of making derivative works; or (C) be redistributable at no charge. Publicly Available Software includes, without limitation, software licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (A) GNU's General Public License (GPL) or Lesser/Library GPL (LGPL), (B) The Artistic License (e.g., PERL), (C) the Mozilla Public License, (D) the Netscape Public License, (E) the Sun Community Source License (SCSL), and (F) the Sun Industry Standards License (SISL).