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Microsoft Backs Down on Windows 2000 EULA
Posted by
CmdrTaco
on Tue Jun 17, 2003 10:00 AM
from the step-in-the-right-direction dept.
from the step-in-the-right-direction dept.
nachoboy writes "After the fiasco surrounding the overly intrusive EULA for Windows 2000 SP3, it seems Microsoft has backed down a bit with the upcoming release of SP4. The section concerning automatic updates now states simply "You consent to the operation of these features, unless you choose to switch them off or not use them." The EULA then proceeds to list the five services liable to connect to the internet without explicit confirmation. A reference copy of the SP4 EULA may be found here. We can only hope for a similar move with Windows XP."
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Microsoft Backs Down on Windows 2000 EULA
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Too little, too late... (Score:5, Interesting)
With this SP we also decided it was time to completely ditch them from operations and have been rolling out Linux and Mac OS.X workstations as existing systems reached their EOL.
Fortunately we may actually use SP4 for the existing Windows boxes (about 35% left now) -- but our budget for Microsoft products has been placed at -0- per the board of directors.
Too little, too late... (fp
Re:Too little, too late... (Score:5, Interesting)
The remains Windows boxes are primarily used for AutoCAD work. I've yet to come across a product that comes close to what we would expect for other platforms -- the exception being a outside-our-needs $40K package.
Those remaining Windows boxes have long ago been on a segmented private subnet with NO ACCESS what-so-ever to the Internet for obvious security reasons.
Frankly -- I don't give a rats ass what the rest of the world does (to a point -- we still need to share data). The "TCO" for Windows is a hell of a lot higher than Microsoft would like you to think it is. A whole LOT.
Even when Windows was the #1 desktop on our network there has never been one (1) virus infection or outbreak. Of course Outlook and Explorer were banned from day one (which helped
I'm still amazed by the Windows weenies out there -- isn't it interesting that a guy like me doesn't like Windows? 20 years experience "in the business", multiple computer science degrees along with accounting and business management for that matter... I like Netware, BSD, Solaris, Linux, OS/2, BeOS, and OS X among others -- it's just so obviously how fundamentally flawed Windows is.
But I'm sure I don't know shit or what I'm talking about. Yeah, that's it.
Too funny.
Re:Read up on Corporations... (Score:4, Informative)
(http://www.offworldpress.com/ | Last Journal: Thursday October 31 2002, @12:57PM)
Actually, that's not how it works. What happens is that whenever there's a vacancy, the existing Board of Directors nominates a candidate. Then the board issues voting materials (an info packet and a ballot) to shareholders, where you can either vote for the candidate, against the candidate, or in some cases abstain.
Now, these ballots are interesting in that FAILURE to vote usually means that your ballot is DEFAULTED to a vote FOR whatever the BoD has *already recommended* (and in 33 years of owning stock, I've never seen one that recommended a vote against any prospective or seated Board member). With such ballots, if you don't vote, it does NOT become a null vote; if you want to abstain, you have to specifically vote that way and return the ballot.
This is the procedure for seating new members, for reconfirming old members which is normally done every few years, routine issues like confirming selection of an auditing firm, and issues placed on the table by stockholders (which in my observation are uniformly nutty and are uniformly recommended against by every BoD).
Re:Too little, too late... (Score:5, Insightful)
Uh-huh (Score:5, Interesting)
(Last Journal: Tuesday March 14 2006, @12:31PM)
Makes me feel very comfortable insofar as the veracity of the rest of your post is concerned.
Do post some more details...for example:
* What is your core "real business"?
* How big is your company?
* How big is your network?
* How long has your company been established?
You get the gist...really, just some sort of detail that, say, might lead me to believe this is anything other than a rather poor troll.
I love 2a, by the way. How did you present your offer to Microsoft? (Was it a formal business proposition, or an open letter posted on the local "MS-SUX" mailing list?) To whom did you present it? What were they supposed to get out of it? (My goodness, I'm just shocked that Microsoft wasn't falling over itself to take up your little proposal involving a whopping ten -- count 'em! -- workstations.) To whom did you present the same Linux-server-based contract?
(And it still gets modded up as Interesting. Good ol' Slashdot...)
I bet SCO is behind this... (Score:2, Funny)
Wow (Score:4, Interesting)
(Last Journal: Thursday May 22 2003, @06:59AM)
I hate posting about M$. Last time i got modded to Flamebait. DOH!!!
Re:Wow (Score:5, Funny)
Apparently you aren't the only person who hates your postings about Microsoft, then.
Re:Wow (Score:4, Insightful)
Re:Wow (Score:5, Insightful)
MS can already put anything they want on your machine because the software is closed source. The ability to do it automatically is pretty trivial actually in the bigger picture.
The last EULA was almost certainly poorly choosen. That's all. They wanted the legal right to update your machine assuming you choose to use the feature. IE, they dont want lawsuits if people enable auto-updating and then find that something or some 3rd party app didnt work.
Speculation, but this pretty much confirms that the SP3 service pack was just a bit poorly done.
Re:Wow (Score:5, Insightful)
1) Start with something free or an upgrade.
2) Incrementally and slowly add more and more restrictive claims. Auto-update, DRM, etc.
3) If the people start complaining too much, roll-back to previous claims, which isn't much better.
4) Wait for a while.
5) Go to 2.
This has been MS tactics for as long as I can remember. So, I don't think we should claim victory right now.
Re:Wow (Score:5, Insightful)
(http://www.theschmoejoes.com/ | Last Journal: Saturday June 19 2004, @02:56PM)
Stand up and fight as a citizen.
Re:Wow (Score:5, Insightful)
As a citizen, I have no power. I couldn't convince him - not even me and a thousand of my friends - to vote one way or the other on a piece of legislation to curb Microsoft's behavior. Legisliation, incidentally, that was probably drafted by lobbyists for Microsoft.
As a consumer, I have plenty of power. When I ask a vendor to sell me that system without an OS, or to sell it to me without a hard drive, they can either sell it to me on my terms, or I'll turn around and take my purchase to a vendor who will.
Published benchmarks still "illegal?" (Score:5, Interesting)
'You may not disclose the results of any benchmark test of the
Re:Published benchmarks still "illegal?" (Score:5, Insightful)
On the other hand, some software package must be slower, that's just how it works. So they have a lot to lose just on the pure facts of the matter too.
As if the EULA mattered (Score:4, Insightful)
(http://www.fefe.de/)
Does the EULA say that the Internet Explorer reports all web domains to the MSN search engine if it can't resolve them?
Oh, so you can turn it off alright. Does that change anything?
People don't trust Microsoft, and for good reasons.
Re:As if the EULA mattered (Score:5, Funny)
Yeah maaaan! Microsoft - and therefore the government - now has a huge list of misspelled and non-existant website addresses! Just imagine the kind of horrific infringements of privacy that can take place now!! It doesn't bear thinking about, does it!
Re:As if the EULA mattered (Score:5, Funny)
(http://perfectgentlemen.homestead.com/ | Last Journal: Wednesday July 02 2003, @08:51AM)
If this shit goes into a database it just becomes another dot on a graph. There isn't some guy sitting at the MSN office saying "Hey look! pmz is looking at deep anal porn at 3 AM again! Let's go to his house and rape his mom!"
I've said it before and I have a feeling I'll be saying it until I'm lying in my grave...Nobody cares about you! They're not sitting in your closet watching you surf the internet in your spiderman underoos. You still have your precious privacy!!
Now what? You don't want to be a target of some ad campaign?? I only wish I was targeted more instead of being bombarded with those fucking X10 camera ads everytime I go to a webpage or tampon commercials everytime I turn on the TV.
Disclosing URLs IS dangerous (Score:5, Interesting)
(http://2130706433/ | Last Journal: Thursday July 19, @10:29AM)
Example: A VPN user enters https://user@password:internalserver.company.com
IE then proceeds to send the URL to the search engine of choice. NOT good.
Re:As if the EULA mattered (Score:4, Insightful)
(http://slashdot.org/ | Last Journal: Saturday January 05 2002, @01:42AM)
Yes, well, until the next security update, bugfix or service pack...
(ever notice how the msn redirect gets put back, outlook express {I've got a kixscript to kill it} and a few other annoyances every update?)
You are correct, IMO.
great (Score:1, Funny)
(http://www.minas-tirith.gondor.me/)
Re:great (Score:5, Informative)
Apparently you never looked at Windows Update enough to realize that you can control the order of the installation. Want to do driver updates first? No problem. Oh wait, it is easier to complain and blame Microsoft.
Re:great (Score:5, Funny)
(http://www.jepzilla.com/)
You're new here, aren't you?
the catch is.... (Score:5, Funny)
Re:the catch is.... (Score:5, Informative)
(http://alfter.us/ | Last Journal: Wednesday October 03, @01:50PM)
Better yet, use Windows Media Player 6.4. Even after you "upgrade" to later versions, it's still there...even on this WinXP SP1 box I'm using right now. It plays all of the same stuff that the later versions play (at least I haven't found anything that wouldn't play), the interface is much less obnoxious, and it doesn't "phone home" every time you start it up. You should be able to find it as c:\Program Files\Windows Media Player\mplayer2.exe. Use right-click and "Open With..." to associate media files with it instead of wmplayer.exe.
let's check that assumption. Yep, that's valid. (Score:4, Insightful)
(http://yro.slashdot.org/~twitter/journal/177855 | Last Journal: Friday December 07, @05:34PM)
If Microsoft actually did what it says, you would not have to turn your computer off to keep it from spying on you, but you would not be able to listen to music, bank, check school and government records, watch movies or just about anything. Of course, M$ is a dishonest company, so we can imagine it will store all the information until you say, "uncle root me!", and then send it all up.
This is a natural continuation of M$ practices. They already kept lists of songs and movies, now they will have your explicit permision to collect them. No, they did not really tell you what they were going to collect, they just told you that the features will have to talk to work. We can imagine they will say whatever M$ wants them to.
Windows Media Player 9 alters my files? (Score:5, Interesting)
One thing that I found interesting though, is that I unchecked the "Update my music files (WMA and MP3 files) by retrieving missing media information from the Internet" (which has an accompanying help link that explains that it would be used to add information to both the media library database and tags within the actual files), yet all the files that I played in WMP were actually still modified. Their modification dates and file sizes changed.
Now that is enough for me to decide not to use their software for playing my music, because the way that I see it, any info that is used by the media library (such as song ratings, number of times played, etc.) belongs in the separate database that it uses, and my files should not be changed unless I click a "save" or "apply" button somewhere.
So does anyone know what is being added to these files by WMP? I don't like the idea that it is changing my files just to add some stupid "This audio file was played by Windows Media Player" tag.
Legalese (Score:5, Insightful)
(http://seenonslash.com/ | Last Journal: Friday May 11 2007, @04:02PM)
Haha... Yes, I consent to the operation of features I bought and left on. I don't consent to those I turn off or don't use. But could I consent to the actions of those I turn off? If I don't operate them can I give permission for them to operate? This is such a wacky sentence it's funny. I give permission for the features which are turned on to operate and don't give permission to those which are turned off to operate. I know it's legal mumbo-jumbo, but could this statement ever not be true?
consent: 2. To indicate or express a willingness; to yield to guidance, persuasion, or necessity; to give assent or approval; to comply.
Re:Legalese (Score:4, Insightful)
This statement is not as idiotic as some posters are interpreting it as being.
It's basically saying that the onus is on the customer if they wish to opt out of operating certain features. Let's say the service pack contains an "automatic windows update" service that runs once a night and automatically downloads and installs the latest system patches.
By installing the service pack, you're under no obligation to run that service. You can take it out of the list of active services if you want. What you CAN'T do, the line of thinking goes, is leave it running and then sue Microsoft on the grounds that you don't want it to be running. It's you job to hit the off switch, not theirs.
(IANAL and who knows whether such a EULA is enforceable anyway)
EULAs are a PITA (Score:3, Insightful)
I know I don't... I just go with the sheeple principle which goes something like this:
Windows is a very popular product, sold around the world to millions of people. They all seem happy with the licence agreement therefore I'll go along with them. Safety in numbers.
That is all.
Not a big deal? (Score:5, Insightful)
(http://www.youtube.com/watch?v=bA-DReZYftg | Last Journal: Sunday November 12 2006, @01:05AM)
My virus scanner updates itself without my knowledge, as does my weather bar and e-mail client. How do I know they aren't doing nefarious things? But in the end, they make for a more convenient product.
Fear not! (Score:4, Funny)
(Last Journal: Monday August 22 2005, @11:02AM)
Not as good as it seems (Score:1, Insightful)
(http://perens.com/ | Last Journal: Saturday November 29 2003, @04:31PM)
You need to really need to fine print on the EULA (especially those from Microsoft). The Service Packs, and also the agreement, are considered cumlative of all prior SPs. Service Pack 3 "contains" Service Pack 2, as well as the agreement held withing. For example, if SP2 had a CD Player v 1.0 that cataloged every CD you played and sent it to Micosoft, and 1.1 removed this feature, you still agreed to allow it with version 1.1 because it's a revision number. If it was CD Music Player ver 1.0 (a completely different product) then it wouldn't matter. Service packs aren't considered seperate products to Microsoft, especially licenses. You buy Windows XP workstation and you actually receive a license for every prior (non-retired) workstation product, provided you uninstall XP before you use, say, Windows 2000 workstation.
Re:Not as good as it seems (Score:5, Informative)
It depends on how you obtained the product. Volume Licensing users automatically have this right.. (search for downgrade) [microsoft.com]
Retail purchasers are supposed to ask for permission. [microsoft.com]
Re:Not as good as it seems (Score:5, Informative)
19. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Product) and the CAL or TS CAL (if applicable) are the entire agreement between you and Microsoft relating to the Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA.
so would SP4 meet HIPAA guidelines? (Score:5, Interesting)
Retroactively? (Score:5, Interesting)
(http://ptaff.ca/)
If I agreed on SP3, can a further SP change my rights?
I mean, I already said yes to all that invasive stuff.
Seems like a PR-move for me.
I figured that's what they initially meant anyways (Score:3, Insightful)
(Last Journal: Thursday November 29, @08:33AM)
Re:I figured that's what they initially meant anyw (Score:4, Funny)
(http://thejoshis.org/donutello)
This may help in the future (Score:5, Informative)
(http://www.theschmoejoes.com/ | Last Journal: Saturday June 19 2004, @02:56PM)
I can't wait til this is done, as I use 98lite for the pentium 233 here at work.
Speedy goodness, and I feel a bit better about the saftey of my midget porn.
Does this have anything to do with SP4? I don't know. I just wonder what SP4 will break.
Re:This may help in the future (Score:5, Funny)
(http://www.hopeunknown.com/ | Last Journal: Tuesday June 17 2003, @12:31AM)
You can't remove evil from Windows, it's a feature of the Operating System. Kinda like Internet Explorer.
Re:This may help in the future (Score:5, Informative)
(http://jackcomics.lunarpages.com/)
The project probably turned out to be bigger than the software coders could chew, as removing the crud from 9x is a far easier task than removing it from 2000 & XP.
In other words, expect XP Lite to be released the same day as Duke Nukem Forever.
Migrating from Linux to XP (Score:5, Funny)
(Last Journal: Thursday January 06 2005, @12:42PM)
Yup, this has been the only stumbling block for me to move from Linux to Windows XP .... That and it costing money.
Re:Migrating from Linux to XP (Score:5, Funny)
Windows XP costs money? Where did you download it from?
Copyright? (Score:3, Interesting)
(http://seenonslash.com/ | Last Journal: Friday May 11 2007, @04:02PM)
Re:Copyright? (Score:5, Insightful)
No, EULAs are licenses, and therefore legal documents. Legal documents cannot be copyrighted.
This is nice (Score:4, Interesting)
Does this really matter? (Score:5, Insightful)
Liability (Score:3, Informative)
SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER
What a cumbersome way of saying NO LIABILITY.
(the text you're reading now is just to fool /.'s lameness filter which claims that I'm yelling due to CAPS - well, actually it's Microsoft who's yelling.)
ok, so i just have to turn it off.. (Score:1, Insightful)
Interesting, interesting... (Score:3, Redundant)
(http://www.msgeek.org/ | Last Journal: Tuesday August 23 2005, @08:30PM)
I still think that eventually MS will have to come out and admit that there are fundamental flaws at the heart of their security infrastructure, and basically make the same admission they made about NT4 about all their NT codebase OSes. But it's good that the patches are now available without having to bend and spread too far.
Someone mentioned the Health Insurance Portability and Accountability Act (HIPAA) in another post. I suspect that is the motivation behind the EULA change. With all those health insurance companies, doctors offices and hospitals screaming bloody murder about SP3 leaving them open for citation under HIPAA, they had to do this.
Certainly consumer outrage isn't the issue. That has never motivated MS before.
Did they remove the "lose your soul" clause? (Score:4, Funny)
(http://home.austin.rr.com/lperson/ | Last Journal: Saturday July 16 2005, @01:52PM)
Man, I always hated that clause, but at least they took out the bit about your firstborn child...
Stupid Legal Bull.... (Score:5, Insightful)
That's about as effective as saying:
Re:Stupid Legal Bull.... (Score:4, Insightful)
(http://slashdot.org/)
Makes me sad.
I'm impressed (Score:5, Funny)
"Resistance if futile. You will be assimilated.
Resistance if futile. You will be assimilated.
. .
Using enabler to get around clicking YES (Score:1)
(http://www.sigforum.com/)
Hannibal Lectar: "Love the title" (Score:4, Funny)
(http://slashdot.org/ | Last Journal: Saturday January 05 2002, @01:42AM)
Yes, but did it hurt when they did?
Encouraging (Score:3, Insightful)
(Last Journal: Thursday December 19 2002, @12:30AM)
Unless you're an OSS zealot who hopes MS's bad behavior will be their downfall.
Who cares about MS License Agreements? (Score:2, Informative)
Release Date (Score:1)
Uhm, official SP4 EULA?! (Score:4, Insightful)
(http://www.pdsys.org/)
I think I'm going to make-up an SP5 EULA and post it on my site, and then submit it as a Slashdot story. Yeah, that's the ticket!
Any Other SP4 "Surprises"? (Score:1, Offtopic)
What about the DRM Clause? Still awful! (Score:2, Informative)
1) Record what you're using their and 3rd party
software for
2) Remotely retrieve this information
3) Remotely disable features of your computer
If that isn't intrusive, then what is?
d. Windows Media Digital Rights Management.
Content providers are using the digital rights management
technology for Windows Media contained in this Software
("WM-DRM") to protect the integrity of their content
("Secure Content") so that their intellectual property,
including copyright, in such content is not misappropriated.
Portions of this Software and third party applications such
as media players use WM-DRM to play Secure Content
("WM-DRM Software"). If the WM-DRM Software's security
has been compromised, owners of Secure Content ("Secure
Content Owners") may request that Microsoft revoke
the WM-DRM Software's right to copy, display and/or
play Secure Content. Revocation does not alter the
WM-DRM Software's ability to play unprotected content.
A list of revoked WM-DRM Software is sent to your
computer whenever you download a license for Secure
Content from the Internet. Microsoft may, in
conjunction with such license, also download
revocation lists onto your computer on behalf of
Secure Content Owners. Secure Content Owners
may also require you to upgrade some of the WM-DRM
components in this Software ("WM-DRM Upgrades") before
accessing their content. When you attempt to play
such content, WM-DRM Software built by Microsoft
will notify you that a WM-DRM Upgrade is required
and then ask for your consent before the WM-DRM
Upgrade is downloaded. WM-DRM Software built
by third parties may do the same. If you decline
the upgrade, you will not be able to access content
that requires the WM-DRM Upgrade; however, you will
still be able to access unprotected content and
Secure Content that does not require the upgrade.
WM-DRM features that access the Internet, such
as acquiring new licenses and/or performing a
required WM-DRM Upgrade, can be switched off. When
these features are switched off, you will still be able
to play Secure Content if you have a valid license for
such content already stored on your computer.
Meaningless (Score:3, Insightful)
Nothing real will come of this until there is a real and major abuse by MS, and the story is picked up by the major media. Then there'll be congressional hearings and 'something will be done' - most likely something useless.
now it's sun's turn: java 1.4.1+ has same problem (Score:4, Interesting)
(http://to.contact.me/reply.to.my.comment)
that's right, mozilla 1.4final and up will need java 1.4.2+ (due to gcc3.2.x),
which means you need to agree to those terms if you want java. see mozilla bug 204236,
http://bugzilla.mozilla.org/show_bug.cgi?id=20423
(bugzilla blocks direct links from slashdot; you'll have to copy & paste.)
Change Internet Exploder's Proxy (Score:1)
Microsoft starts to see the light, perhaps? (Score:2)
It appears to me that Microsoft's EULA's (which may or may not be enforcable) are an ongoing attempt to continue their control over the desktop, at the very least, via untested legalese, in the face of increasing competition, of which Open Source and, more importantly, Linux, et al, are a large part.
This, of course, is understandable (if not acceptable) - Microsoft, historically, wishes to compete solely on its terms, so as to maximize its profits and minimize competition in those areas from which they derive profit, to ensure their existence and continued profits (the latter, of course, being the definition of corporate existence in a nutshell).
The problem in the latter strategy (IMHO)is this:
Without a true test of EULAs in the courts (most especially those of the "shrink-wrap" type in any form) that supports and enforces such terms, it is, at best, a tenuous foundation upon which to base an ongoing corporate profit strategy in an ever-increasingly litigious world - at any moment there could come a legal challenge that could potentially undermine the whole structure beneath. And, even if they were to win, it would cost them money to do so - potentially, a LOT of money. If they were to lose, well...
All it would take is money (certainly, a *lot* of money - but there *are* ways to solicite the help of powerful lawfirms, as we've seen with the current SCO lawsuit): A determined effort by anti-Microsoft forces to force such a test could easily be mounted, should profit be sniffed by lawfirms sufficiently informed, capable and motivated.
Further, given Microsoft's current status as a monopoly (not in itself a bad thing), and more importantly, as a monopoly that has abused its position in the past as such and been convicted of so doing, their "backing down" on EULA issues is, I think, simply a case of them "seeing the light", and not wishing to provoke any such tests, because it is in their best interests not to do so.
Certainly, EULAs in general, in their current untested form, serve to protect their interests now (and ensure their profit), and shrink-wrap EULAs (including those from downloads) in all forms do so as well, especially when untested.
Just my opinion.
dj
So, what should I focus on then? (Score:1)
(Last Journal: Tuesday May 27 2003, @09:07AM)
Too late (Score:1)
really.... (Score:1)
When? (Score:2)
(Last Journal: Thursday December 19 2002, @12:30AM)
Re:Does Microsoft still support Win2K?? (Score:1, Funny)
Re:Mod me redundant... (Score:1)
In my opinion, the ridiculous part is that you are using XP.
Time to start the clock and see how long it takes for this post to get to -1. Well, as I've said before, atleast I got to state my opinions.
Re:Does Microsoft still support Win2K?? (Score:4, Informative)
This means they will still have the signed driver program and WHQL certification program in place for the next 30 months. I expect Microsoft to offer at least up to Service Pack 6 for Win2K before the official support program ends at the end of 2005.
Besides, Windows 2000 Professional is a very nice OS, with very good stability and decent security if you apply all the proper security patches (something that should be done on all operating systems on a regular basis).
Re:Mod me redundant... (Score:1)
(http://www.flipforit.net/ | Last Journal: Monday March 06 2006, @07:48AM)