Windows Vista: Understanding Your Rights
http://www.securityfocus.com/columnists/423
What is interesting is not whether you have the right to use unactivated-but-properly-purchased software, but how Microsoft enforces its right. What Microsoft says is that the software will simply stop working. So, where is the proof that the software is not activated? Who has the burden of proof? What if you assert that you did activate the product, but Microsoft claims you did not? What if you attempt to activate the product, but Microsoft’s servers are down, or they provide improper information, or their servers are hacked and give you bad activation information? What the contract states is that unless you can activate the product (irrespective of whose fault it is that you cannot activate), you forfeit your right to use the product, and therefore access to any of the information on any computers using the product.
The problem with Vista is that you have to put your trust entirely in Microsoft’s hands. However, Microsoft is not infallible. If they screw up and you can’t prove that you’ve activated your software, what recourse do you have?
Once you activate the product, then you would assume that you are golden to go ahead and use the product, right? Wrong.
You see, even after you activate the software it will, according to the EULA, “from time to time validate the software, update or require download of the validation feature of the software.” It will once again “send information about the . . . version and product key of the software, and the Internet protocol address of the device.”
Here’s where it gets hairy again. If for some reason the software “phones home” back to Redmond, Washington, and gets or gives the wrong answer - irrespective of the reason - it will automatically disable itself. That's like saying definitively, “I’m sorry Dave, I’m afraid I can’t do that...” Unless you can prove to the satisfaction of some automaton that the software is “Genuine,” or more accurately, that under the relevant copyright laws that you have satisfied the requirements of the copyright laws and all of the terms of the End User License Agreement, the software will, on its own, go into a “protect Microsoft” mode.
So not only does Vista spy on you constantly, again you are vulnerable to Microsoft screw-ups that may deny you access to your own computer.
This kind of shit does not happen with Mac OS X or Linux.
What is interesting is not whether you have the right to use unactivated-but-properly-purchased software, but how Microsoft enforces its right. What Microsoft says is that the software will simply stop working. So, where is the proof that the software is not activated? Who has the burden of proof? What if you assert that you did activate the product, but Microsoft claims you did not? What if you attempt to activate the product, but Microsoft’s servers are down, or they provide improper information, or their servers are hacked and give you bad activation information? What the contract states is that unless you can activate the product (irrespective of whose fault it is that you cannot activate), you forfeit your right to use the product, and therefore access to any of the information on any computers using the product.
The problem with Vista is that you have to put your trust entirely in Microsoft’s hands. However, Microsoft is not infallible. If they screw up and you can’t prove that you’ve activated your software, what recourse do you have?
Once you activate the product, then you would assume that you are golden to go ahead and use the product, right? Wrong.
You see, even after you activate the software it will, according to the EULA, “from time to time validate the software, update or require download of the validation feature of the software.” It will once again “send information about the . . . version and product key of the software, and the Internet protocol address of the device.”
Here’s where it gets hairy again. If for some reason the software “phones home” back to Redmond, Washington, and gets or gives the wrong answer - irrespective of the reason - it will automatically disable itself. That's like saying definitively, “I’m sorry Dave, I’m afraid I can’t do that...” Unless you can prove to the satisfaction of some automaton that the software is “Genuine,” or more accurately, that under the relevant copyright laws that you have satisfied the requirements of the copyright laws and all of the terms of the End User License Agreement, the software will, on its own, go into a “protect Microsoft” mode.
So not only does Vista spy on you constantly, again you are vulnerable to Microsoft screw-ups that may deny you access to your own computer.
This kind of shit does not happen with Mac OS X or Linux.
posted by Darkest Knight | 10:51 AM
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