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Posted by Steven Bink November 2, 2006 8:36 PM with 9 comment(s)
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Vista Blog: I’m very pleased to let you know you this morning (or afternoon, or evening, depending on where you are when you read this) that the Windows division has revised the retail license terms for Windows Vista in a significant way.  Namely, the terms regarding license-to-device assignment of the retail product (including Home Basic, Home Premium, Business and Ultimate) now read as follows:  

  • 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.

You can find the newly-revised retail license terms here , as I’m sure you’ll want to read them for yourself.

Our intention behind the original terms was genuinely geared toward combating piracy; however, it’s become clear to us that those original terms were perceived as adversely affecting an important group of customers: PC and hardware enthusiasts.  You who comprise the enthusiast market are vital to us for several reasons, not least of all because of the support you’ve provided us throughout the development of Windows VistaWe respect the time and expense you go to in customizing, building and rebuilding your hardware and we heard you that the previous terms were seen as an impediment to that -- it’s for that reason we’ve made this change.  I hope that this change provides the flexibility you need, and gives you more reason to be excited about the upcoming retail release of our new operating system.

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Comments

 

phunky said:

well that is VERY good news!
November 2, 2006 10:39 PM
 

hiwaystar said:

Who Cares  Vista sucks[:#][:#]
November 3, 2006 3:17 AM
 

Angela said:

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 ultimatun? 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) proccessors 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 ce
November 3, 2006 7:01 AM
 

Angela said:

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 signitures of all files to remove any content not deemed wholesome by $Monoploy 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 Microsfot 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 embrase. 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 an problems that require y
November 3, 2006 7:04 AM
 

Angela said:

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 wims 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 microsfot 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 t
November 3, 2006 7:07 AM
 

Angela said:

23. (b) If you acquired the software in any other country, the laws of that country apply. Comment: Do you know all the legal regualtions 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 regualtions 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 netowork 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 responsibile 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 crinimal, 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 monoploy? 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
November 3, 2006 7:08 AM
 

AloneInTheDark said:

and I'll say it again : Don't like it ? Don't use it! Me on the other hand will surely buy it. cheers!
November 3, 2006 9:33 AM
 

Jeroen said:

I think this is great news! It very nice to know that Microsoft is listening to our concerns and is actually doing something about it!
November 3, 2006 10:41 AM
 

raymondse said:

An End-User License Agreement (hereinafter EULA) is essentially a contract entered into between two people: the end user (thats you) and the software company (in this case, Microsoft). What it does is
create, define and delimit the nature, circumstances, effects, and relationship between you and the software company. It creates both rights and obligations on both parties and is therefore a very important document.
Most people are content to just slough through and accept the terms of the EULA but some are, fortunately, a bit nitpicky about it. Since as I stated above, the EULA creates rights and obligations, EVERYONE should read AND understand its contents.
One of the more salient features of the EULA is that it is a contract of adhesion. This means that only one party provides for the terms and conditions of the contract on a "take it or leave it" basis. The EULA isn't necessarily making an "ultimatum" as you say. Although similar, the word isn't exactly accurate. Indeed, not all contracts of adhesion are necessarily evil. Its just that the terms are made inflexible because either the necessity or expediency of the circumstances require such. In this case, it would create a huge amount of manpower in order to successfully negotiate with ALL the potential users of Windows. Imagine having to negotiate terms of the license agreement with everyone who has ever bought and used Windows since version 1.0! (gulp)
You see contracts of adhesion nearly everywhere, on your insurance papers, when you open a bank account, when you sign up for a credit card, etc. These are not necessarily evil but are imposed because of necessity and expediency.

As to your second issue, the whole point of the EULA (note the word "License") is to provide the privelege of using the software. In Intellectual Property law as in regular, tangible Property laws, one can allow, disallow, or limit the use of one's property to suit your own likes and dislikes for as long as such does not either violate existing statutes, public policy, public order, or morals. This is the same thing that Microsoft itself does. It allows people like us who pay for the software to use it according to the limitations set forth in the EULA. Make no mistake, Microsoft retains ownership over the Windows code. No one person can own it buy buying a retail or OEM version or whatnot. Microsoft merely sells you the privelege of using the software. If you don't like its terms, you don't have to use it.
However, if you're filthy rich and really would like to buy it, why don't you fork over a couple hundred million dollars to buy the Windows code. Then you'd be free to do do anything you'd want with it.

Anyway, those two are the only really salient points you've pointed out. As for the others, they just fall in line with what you've previously agreed upon in the beginning of the EULA.

Hope that clears things up for you![:D]
November 3, 2006 12:00 PM

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