Vista's EULA Product Activation Worries 439
applejax writes "SecurityFocus is running an article regarding some concerns about Vista's activation terms. Do you have the right to use properly purchased but not validated software? What happens if Microsoft deactivates your OS that was legally purchased? The article goes into some detail about Vista's validation and concerns." From the article: "The terms of the Vista EULA, like the current EULA related to the 'Windows Genuine Advantage,' allows Microsoft to unilaterally decide that you have breached the terms of the agreement, and they can essentially disable the software, and possibly deny you access to critical files on your computer without benefit of proof, hearing, testimony or judicial intervention. In fact, if Microsoft is wrong, and your software is, in fact, properly licensed, you probably will be forced to buy a license to another copy of the operating system from Microsoft just to be able to get access to your files, and then you can sue Microsoft for the original license fee."
Re:Could this be illegal? (Score:5, Informative)
MS has never tried something like *this* before. If they deactivate, they're probably overstepping some hitherto invisible line. Just wait until some gov't agency's or some Federal judge's copies of Windows get deactivated. I think that using extortionate tactics like this will get MS into some deep legal shite.
-b.
Re:They said the same thing about XP. (Score:5, Informative)
Not. It is not.
Even if you run a non-genuine version of XP, Microsoft cannot turn off your XP. They will deny will some updates in the Microsoft Update but not deny you access to your computer.
Re:Who owns it? (Score:3, Informative)
Well, that just depends. Did you purchase a site license? If so, you can't write off depreciation -- instead, you must allocate the expense over the term of the license. Did you purchase it bundled? Then go ahead and depreciate it, but as part of the system it was installed on, according to the depreciation schedule of the hardware.
If we're saying, it is theirs, you have licensed it, by a one time payment with no further obligations to them, how does it differ from a sale except in name?Legally. There is quite a difference, as with a license, the licensor still has some control over the use and disposition of the good. The licensee, unlike a purchaser, does not obtain full control of whatever is purchased.
It may seem logical to apply the same set of rules to a purchase as to a license with infinite or unspecified term, but the two are very different, and the law recognizes that.
RTFA (Score:5, Informative)
Re:Who owns it? (Score:3, Informative)
Yes, earlier post abut site license with a defined term, probably so. That probably really is a license not a sale.
Did I license my copy of the World According to Garp? Regardless of what it says in the Eula in the front cover, the answer is no, I bought it. I can read it in the bath if I want.
Re:O rly? (Score:4, Informative)
Re:because it doesn't (Score:2, Informative)
Re:Unplug your Windows box! (Score:3, Informative)
The law differentiates between general public viewing and private 'electronic mail' to minors.
Yeah, but if you're going to be running Windows in a VM, why run it as the host OS as well? You might as well run it on Linux or OS X and then you have the application sets of both OS's. I use OS X as my base OS on my laptop and run Windows and Linux in VMs on top of that. This provides me the capability to use a wider set of applications and features. I sometimes even run OpenBSD in my VM to test a simulation of one of the servers I work on. Having a more secure host OS also reduces the chances I'll be compromised by some random worm that does not have a user interaction component. A subset of games even work natively in OS X for those network games you mention. Finally, since OS X has the best migration path to new machines pulling all my files, programs, certs, settings, and VMs onto a newer machine is a painless one step process via the firewire cable. It easily saves me several days of time whenever I move to a newer laptop.
Re:Upgrade (Score:3, Informative)
But I got really pissed of Windows when it told me that my copy of XP was pirated... when it came PREINSTALLED in my HP Pavillion ZV5000 machine... which has a Microsoft Windows XP Proffessional 1-2CPU sticker under it. Oh, And it wont allow getting into my computer "windows can not verify the genuinity of this software"... FUCK YOU!!.
For me that would be a reason to instantly replace the original version with a pirated one. If they sell you a copy that is DOA then I think you have the right to replace it with something that works.
Ah but even if you're running a pirated version of Windows you're still supporting Microsoft. You're also giving them more ammo in their quest to further restrict users by more draconian measures of activating and spying. Instead if you can find a bunch of others with the same problem you should get a lawyer and sue MS.
FalconRe:because it doesn't (Score:4, Informative)
Not only am I legally allowed to install Mac OS X on my toaster, I can give people patches that let other people install it on their toasters: See Galoob v. Nintendo, 780 F. Supp 1283 (N.D. Cal. 1991).
No, that was very clear that you were buying that.
The very first thing I did with My mac-mini was install Linux on it. I then proceeded to install Mac OS X Panther (obtained via a broken 166mhz iMac) and Tiger on top of it using MOL. Apple can forbid me to do this all they like, it still isn't illegal, and still shouldn't be.
The problem is that laws change. They change simply by having enough people believe that they already have (Just ask OJ "if he did it"), and right now, you believe the law has changed.
Once you believe all they have to do is worm some text into a thousand line document that was at least partially on the screen when you clicked a button, you've had that meeting of the minds they're always talking about, and suddenly, that law actually does apply to you.
Yes Virginia, the solution really is that simple: Ignore that EULA. Click I accept but do not read it. Know that it is false and unenforcable and lies, and you will be safe.
Re:Unplug your Windows box! (Score:3, Informative)