On Jan 21, 2004, at 10:33 PM, der.hans wrote: > Am 21. Jan, 2004 schw=E4tzte Chris Gehlker so: > >> All I could find in the various MS EULA's available was the = following: >> >> "CONSENT TO USE OF DATA. You agree that >> Microsoft and its affiliates may collect and use technical >> information gathered as part of the product support >> services provided to you, if any, related to the Software. >> Microsoft may use this information solely to improve our >> products or to provide customized services or technologies >> to you and will not disclose this information in a form >> that personally identifies you." > > There was a section allowing m$ to break into the computer or = otherwise > inspect it anytime they demand in order to do a license audit. m$=20 > determines > if the software is being used in compliance with licensing and=20 > reserves the > right to collect data as well as shut off and disable software. > > Maybe that part got pulled. Maybe it was a proposed license that never=20= > got > used. Maybe I'm remembering incorrectly or getting mixed up with=20 > UCITA. I > don't know. > > I believe the wording I'm referring to is in the XP EULA and in the > licensing changes that came with one of the service packs in the last=20= > couple > of years. That's another issue. Requiring acceptance of new licensing=20= > terms > in order to get security fixes is a pretty underhanded trick. Except that the new licensing terms seem to be related to the method=20 used to deliver the security fix. I'm sure people would have jumped on=20= them either way. Maybe this is language that you are concerned about. It's from the=20 Windows media player license: "Solely for the purpose of preventing unlicensed use of the applicable=20= OS=A0Software, the OS Components may install on your computer=20 technological measures that are designed to prevent unlicensed use, and=20= Microsoft may use this technology to confirm that you have a licensed=20 copy of the OS Software. The update of these technological measures=20 only occurs through the installation of these OS Components. The OS=20 Components will not install on unlicensed copies of the OS=A0Software. =20= If you are not using a licensed copy of the OS Software, you are not=20 allowed to install the OS Components or future OS Software updates.=20 Microsoft will not collect any personally identifiable information from=20= your computer during this process. "The OS Components may include the Microsoft .NET Framework. You may=20 not disclose the results of any benchmark test of the .NET Framework to=20= any third party without Microsoft=92s prior written approval. "Content providers are using the digital rights management technology=20 contained in the OS Components ("DRM") to protect the integrity of=20 their content ("Secure Content") so that their intellectual property,=20 including copyright, in such content is not misappropriated. Portions=20= of the OS Components and third party applications such as media players=20= use DRM to play Secure Content ("DRM Software"). If the DRM Software=92s=20= security has been compromised, owners of Secure Content ("Secure=20 Content Owners") may request that Microsoft revoke the DRM Software=92s=20= right to copy, display and/or play Secure Content. Revocation does not=20= alter the DRM Software=92s ability to play unprotected content. A list=20= of revoked DRM Software is sent to your computer whenever you download=20= a license for Secure Content from the Internet. You therefore agree=20 that Microsoft may, in conjunction with such license, also download=20 revocation lists onto your computer on behalf of Secure Content Owners.=20= Microsoft will not retrieve any personally identifiable information,=20= or any other information, from your computer by downloading such=20 revocation lists. Secure Content Owners may also require you to upgrade=20= some of the DRM components in the OS Components ("DRM Upgrades") before=20= accessing their content. When you attempt to play such content,=20 Microsoft DRM Software will notify you that a DRM Upgrade is required=20 and then ask for your consent before the DRM Upgrade is downloaded. =20 Third party DRM Software may do the same. If you decline the upgrade,=20= you will not be able to access content that requires the DRM Upgrade;=20 however, you will still be able to access unprotected content and=20 Secure Content that does not require the upgrade." I think that thing about "you may not disclose the results of any=20 benchmarks" is a laugh riot. But note that the license checking "will=20 not collect any personally identifiable information" and and the DRM=20 thingee works by downloading a revocation list, not by uploading=20 content. After all the criticism that I have taken from Craig for 'Microsoft=20 Bashing' it's sort of ironic that I seem to be defending them here. I'm=20= really not. I would *love* to be able to make an argument to my =20 clients that they can't use MS software without running afoul of HIPPA=20= or any of the requirements that they have to maintain confidentiality.=20= I'm just unwilling to do that without solid evidence.