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.
(text/plain)