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Microsoft bows to user demands on Vista licensing
In an 11th hour about-face, Microsoft has ceded to the demands of the enthusiast community and changed the restrictive terms of the Vista retail end-user license agreement (EULA). It will now allow people to transfer Vista between PCs or perform multiple major hardware upgrades without being in breach of the terms. According to the Windows Vista Team Blog, the new terms read:
You may uninstall the software and install it on another device for your use. You may not do so to share this license between devices.
This makes it possible to transfer a license between PCs, as long as it's uninstalled from the old PC, something that wasn't allowed under the original license terms. Reactivation will still be required if major hardware changes are made, as is currently the case with XP.
The full EULA can be read at the Microsoft Vista site.
via Slashdot



What I hate about the Microsoft Windows Vista End Users License Agreement!
By using the software, you accept these terms (ultimatum). If you do not accept them, do not use the software. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights.
Comment: So end users must accept the terms without conditions, isn't that an ultimatum? Where is the negotiation? Why should anyone buy first and pay for something in full to be told only later you must agree with an ultimatum without any considerations or negotiations?
1. (b) License Model. The software is licensed on a per copy per device basis.
Before you use the software under a license, you must assign that license to one device (physical hardware system). That device is the “licensed device.” A hardware partition is considered to be a separate device.
Comment: Meaning no installing to portable devices, such as USB Hard Drives, Live CD's/DVD's. A device shouldn't mean if you partition your hard drive for memory allocation it creates multiple devices!
You may install one copy of the software on the licensed device. You may use the software on up to two processors on that device at one time.
Comment: So the Intel quad core (4 CPU) processors are illegal to run Vista?
The software may include more than one version, such as 32-bit and 64-bit. You may use only one version at one time.
Comment: What harm is there for the individual to install a 64bit and a 32bit on the same computer, so as to insure all applications will be available for use, since not all applications are 64bit ready? Microsoft forces you to pick one or the other...
4. MANDATORY ACTIVATION
During activation, the software will send information about the software and the device to Microsoft. This information includes the version, language and product key of the software, the Internet protocol address of the device, and information derived from the hardware configuration of the device. If the device is connected to the Internet, the software may automatically connect to Microsoft for activation in which Internet and telephone service charges may apply.
Comment: When someone buys a computer today, it's already pre-installed with an operating system, such as "Windows". But later your told you must agree to the EULA and activate your license copy having already paid for the use of the software pre-installed in the computer. So the purchase receipt held by the customer finds themselves needing to prove again to Microsoft their purchase for activation of their software licensing.
5. VALIDATION
The software will from time to time validate the software, update or require download of the validation feature of the software. Validation verifies that the software has been activated and is properly licensed. Validation also permits you to use certain features of the software or to obtain additional benefits. During a validation check, the software will send information about the software and the device to Microsoft. This information includes the version and product key of the software, and the Internet protocol address of the device.
Comment: It isn't enough to pay in full the purchase price, then having to activate your software license copy, but now the end user is told, one must validate your license software copy basically whenever Microsoft wants you to prove yet again from time to time, you paid for your software license. How many times must individuals need to prove they paid for their licensed software in order to just use it?
6. POTENTIALLY UNWANTED SOFTWARE
Any potentially unwanted software rated “high” or “severe,” will automatically be removed after scanning unless you change the default setting.
Comment: What is potentially unwanted meaning by Microsoft to determine for you automatically? Their right to delete files and or applications, at will... Doesn't that soon become a form of censorship? Just scan the memory for any digital signatures of all files to remove any content not deemed wholesome by $Monopoly controllers, right?
7. Digital Certificates.
(a) The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encrypted information. They also can be used to digitally sign files and macros, to verify the integrity and origin of the file contents. The software retrieves certificates and updates certificate revocation lists over the Internet, when available. The Auto Root Update feature updates the list of trusted certificate authorities.
Comment: The trust of your operating system to be given at will isn't wise, as imagine this auto root updated being hacked, providing complete trust to be turned over to some unknown malicious stranger...
Malicious Software Removal/Clean On Upgrade. Before installation of the software, the software will check and remove certain malicious software listed at http://www.support.microsoft.com/?kbid=890830 ("Malware") from your device. When the software checks your device for Malware, a report will be sent to Microsoft about any Malware detected while the software was checking for Malware.
Comment: Is it so wise to allow Microsoft to scan and remove whatever Microsoft deems unfit as "malware" and even report this back to them while providing your IPv6 device information, etc...? Instead of prevention, end users are trading away their rights for security, when in fact if the operating system was secured to begin with, there would be no need for all of this anyhow.
Think about it... Microsoft produces an operating lacking security and then suggest everyone upgrade, install patches and pay for additional security related software such as Microsoft's One Care solution. Doesn't this suggest Microsoft is charging end users more than once for the same use of their software?
Windows Time Service. This service synchronizes with time.windows.com once a week to provide your computer with the correct time.
Comment: Once a week your computer clock cannot keep it's time? Or is it in that this phone home assist in gather more data here to be used by Microsoft or a provider? Could a hacker use this non secured connection as an method of attack taking over your computer?
IPv6 Network Address Translation (NAT) Traversal service (Teredo). Each time you start up the software the Teredo client service will attempt to locate a public Teredo Internet service. It does so by sending a query over the Internet. By default, standard Internet Protocol information will be sent to the Teredo service at Microsoft at regular intervals.
Comment: IPv6 is really about identifying devices, which here will report your device IPv6 address even if your behind a firewall that isn't told to deny it by default. Think about it.. it's like leaving a fingerprint at the scene of the crime or by preventing someone from speaking up to break a story, which can lead back to them for it. Technology can be used for both good and bad, it's more of a question of what values and morals we cherish to embrace.
8. You may not work around any technical limitations in the software; reverse engineer, decompile or disassemble the software; use components of the software to run applications not running on the software; make more copies of the software (except Section 10 - You may make one backup copy of the media), publish the software for others to copy; lend the software; etc...
Comment: So if you have a problems that require you to work around technical limitations, the end users are willing to just live with it? Give up and forget fixing it? Just because Microsoft doesn't want you to do anything it would consider subverse? It's not enough Bill Gates earn in 2005 some 50 billion dollars, right? How is society going to benefit when sharing is restricted, blocked, censored, filtered and denied for Microsoft's more than 5000 patents of protection? Sure, allow all the benefit to be controlled by Microsoft, so this will insure nobody else can legally improve what in most cases Microsoft bought from other individuals in the first place...
Show me a list of Microsoft's own innovation compared to the 5000 plus patents to see how many of these were acquired from other individuals...
Even Bill Gates claims, "If people had understood how patents would be granted when most of today's ideas were invented, and had taken out patents, the industry would be at a complete standstill today" and "As long as they are going to steal it [software], we want them to steal ours. They'll get sort of addicted, and then we'll somehow figure out how to collect sometime in the next decade."
And that wasn't all... Gates claims, "The best way to prepare [to be a programmer] is to write programs, and to study great programs that other people have written". Which leads us to the above EULA terms, for which forbids end users from doing themselves what he claims to do!
Then there is the big issue about the intellectual property rights by Bill Gates for having stolen Gary Kildall's CP/M operating system.
Bill Gates saw the business opportunity of a lifetime. He obtained rights to a cloned design of CP/M, QDOS, from Tim Paterson of Seattle Computer products, licensed it to IBM, and MSDOS/IBMDOS was born. Later, IBM discovered that Gates' operating system could have infringement problems with CP/M, contacted Kildall, and in exchange for a promise not to sue, made an agreement that CP/M would be sold along with IBMDOS when the IBM PC was released. The price set by IBM for CP/M was $250 and for IBMDOS it was $40. IBM's decision to source its primary operating system from Microsoft was the beginning of the end of Digital Research's days as the world's largest manufacturer of software for microcomputers.
This certainly agrees with Gates methods...
14. PROOF OF LICENSE
You should keep the packaging that has the label on it to prove that you are licensed to use the software.
Comment: Keep your packaging or else! Next you will be told you to take pictures of the place you bought it, so as to turn over anyone not abiding by Microsoft's regime ideology. First Microsoft's licensed software doesn't do anything by itself, the people do that when using it. Secondly, people innovate, not the companies, for which we are told hold the copyrights, patents and so forth... Individuals come up with the innovation, whom happen to be employed by companies for the most part that claim all ideas be handed over to their whims as property.
Imagine having to save every package with a label so you can report that you have proof to prove you are licensed to use said item... How big is your apartment, or is that Estate? By the way, do you still have your Windows 95 packaging?
15. REASSIGN TO ANOTHER DEVICE
b. The first user of the software may reassign the license to another device one time, but only if the license terms of the software you upgraded from allows reassignment.
Comment: One time, so any new purchases such as a mobile computer, you had better not get it stolen, lost after migrating from your workstation to your mobile PC. What is Microsoft thinking here, one time only? Crazy!
20. EXPORT RESTRICTIONS.
The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software.
23. (b) If you acquired the software in any other country, the laws of that country apply.
Comment: Do you know all the legal regulations of all the international export laws when exchanging data with other individuals around the world over the Internet? Some countries forbid encryption, others limit, and still yet some want to deny it all together. Nobody in general will know all these changing regulations anyhow... This export law just insures us and them to be different. By the way, China still is going to introduce their own version of wireless security and encryption, which means when you travel you had better bring more than one network access card, and if this trend follows, a bag of network cards rather than one universal standard everyone can share between them.
25. LIMITATION ON AND EXCLUSION OF DAMAGES
repair, replacement or a refund for the software does not fully compensate you for any losses; or Microsoft knew or should have known about the possibility of the damages.
Comment: So even if Microsoft knew, F_ _ _ you? How responsible is that, especially when Gates earned $50 billion dollars in one year, not to mention the many additional years of earning huge incomes, etc...
The time ahs come to ask, is Microsoft best for you, to be locked in to their way of being treated like a criminal, or to embrace Linux which is open source code, allowing everyone to contribute and share with all the benefits? What sort of society will develop ahead to be based upon Microsoft's monopoly?
Additional Complaints...
If you purchase the Microsoft Windows Vista Home Basic/Premium Editions, You may not use the software installed on the licensed device within a virtual (or otherwise emulated) hardware system.
Microsoft Windows Vista Ultimate Edition, 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.
Comment: Meaning Microsoft doesn't want you to operate their "Windows" in an emulated system until they can rest assured things can go their way for it. As for Bitlocker, why should that be an issue? Unless Microsoft's methods limit functional here.
Anyone wanting to use the FREE open source code encryption can Google for "True Crypt" and enjoy using it instead.
Source: http://download.microsoft.com/documents/useterms/Windows%20Vista_Ultimate_English_36d0fe99-75e4-4875-8153-889cf5105718.pdf
Posted by Angela | November 3, 2006 6:48 AM
the big bad wolf will huff and puff until he .......
Posted by bill | November 5, 2006 4:11 PM
There is no such thing as a secure OS. Not linux, not OS X, not anywhere. People who want to will find and exploit weaknesses. MS has had so many weakness exploited because there are so many users of the software, that's all. Even Linux has spyware written for it, and so does MAC, and so the argument that MS is trying to "steal" user info by compiling a list of detected malware is stupid.
I suppose Norton's, or McAfee's is stealing user info by compiling a list of detect viruses.
There are other choices for an OS, if you want to use one, but they all have restrictions on how and what you can use the OS for.
It's a grown up world, maybe you should grow up to.
Posted by JonG | August 31, 2007 9:03 PM