The Lawyers Look at Windows Vista

Fri Feb 2, 2007 3:51AM EST

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Many of us pretend to be able to understand and analyze the terms that Microsoft (and let's be fair, every other software company) inserts into its EULAs, or end user license agreements. But some of that language is so thick that laypeople can barely make heads or tails of it. What does the Vista EULA really say? Well, real lawyers put it into human terms for you in this BBC article.

Want to know what you might need to worry about? A lot, starting with what the BBC terms "unprecedented loss of consumer control overĀ [your] own PCs."

How about some details?

Here are some of the provisions in Vista:

  • Regular check-ups via the Internet on whether your software is legitimate (this began with XP and continues here).
  • Product activation that ties that copy of Vista to a particular PC (another Windows regular feature).
  • Periodic "re-validation" at Microsoft's whim (something which began with certain Windows Update procedures in XP).
  • Limits on copying or transferring the software. You can make only one backup copy, for example.
  • The new Windows Defender scans for malware... but Microsoft determines what constitutes malware, and will automatically remove software it deeps a "high" or "severe" threat.
  • Unhappy? "You may not work around any technical limitations in the software."

The big one can be found at the bottom of the story: Windows Vista intentionally degrades picture quality of high-definition DVDs when played on virtually all monitors. The story points out that you actually pay more for Vista because of this, as Vista eats up computing resources by checking 30 times every secondĀ that the "premium content" is not being "attacked." That requires higher-end hardware and costs money for programming services.

Microsoft says this is required by movie studios if you want those movies to play at all. Huh. Well, I guess it's all there in the fine print.

Comments on The Lawyers Look at Windows Vista

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  • 1 Posted by jayaveladvocate on Thu Sep 3, 2009 4:29PM EDT Report Abuse

    I suspect that that windows update target google gadget and yahoo messenger for corrupting them. I think my suspicion gets thicker and thicker s jayavel

  • 3 Posted by bentsonlv on Thu Sep 3, 2009 3:05PM EDT Report Abuse

    Heck, unlike before 95-2k windows. I was about to buy Vista but it turned out Alavista Baby. I recommend we should wait and wait!

  • 4 Posted by shutrbug@sbcglobal.net on Thu Sep 3, 2009 9:21PM EDT Report Abuse

    "For greater certainty, the terms and conditions remove any doubt about who is in control by providing that "this agreement only gives you some rights to use the software. Microsoft reserves all other rights"." So far I haven't seen any "must have" features in Vista. BitLocker would be nice to protect my personal data, but the price is too high when freeware such as TrueCrypt are around. I think I'll just continue with XP and eventually move to Linux on future builds.

  • 5 Posted by damnyankeega on Thu Sep 3, 2009 3:34PM EDT Report Abuse

    Gotta love Microsoft, only they would have the balls big enough to even attempt to pull this off. I can't think of a less consumer friendly bunch than the unholy trio of the RIAA, MPAA and Microsoft. To be fair, Apple's iPod and iTunes is not much better with their proprietary format and restrictive rules. But I don't recall them ever sabotaging their media players to enforce DRM. How many more reasons will consumers and businesses need to switch to a better alternative like Linux or Mac (for the less adventurous)?

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