• Patch Lady – 31 days of Paranoia – Day 22

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    #226420

    We come to our 22nd day of paranoia and today is about a topic that is near and dear to many of you….. end user license agreements.  Those statement
    [See the full post at: Patch Lady – 31 days of Paranoia – Day 22]

    Susan Bradley Patch Lady/Prudent patcher

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    • #226444

      Some may find this How-To Geek article useful:  Analyze Software EULAs the Easy Way

      2 users thanked author for this post.
    • #226445

      This example you give is amazing. I use a purpose NAS running Linux for my central storage on a home network, but if I were to take a redundant PC running Windows, and connect it to my home network as a NAS, then that action would be banned (provided the Win7 Home Premium licence says the same).

      There is a word or so for a supplier who sneaks this kind of restriction in – spiv, or shark.

      Chris
      Win 10 Pro x64 Group A

    • #226442

      They now have “Windows 10 Enterprise for Virtual Desktops” SKU on their volume install media (the pulled 1809).  Whatever that means.

    • #226457

      They are an impenetrable legal thicket indeed.

      I am not talking about class actions or the landmark software/data policy rulings sought by countries (or the EU) against the tech giants but does anyone have a feel for how often a Windows EULA is actually enforced in the real world by Microsoft against an individual or small business? Is it common?

      Due to their very complexity, how enforceable have they proven to be except megacorp vs megacorp?

      Is it the threat of their enforcement that holds the power rather than them regularly being tested in court against “the little people”? I have no idea.

    • #226462

      UKBrianC  Some years ago, Microsoft did go into a large number of companies (small and large) and insisted on a licence audit, and found that there were a large number of unlicensed copies of Office in use. They hammered the companies, I seem to remember and insisted on firm procedures to make sure all copies were properly licensed. Whether they would do that on some of the more arcane licence restrictions I know not, but they do not have a great reputation and they might do it to drive customers onto their revenue earning cloud services.

      Chris
      Win 10 Pro x64 Group A

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    • #226476

      Yeah, lot of people never read those EULA and probably should. Not just on free stuff because you know nothing is free. But even on paid software where its become more popular then ever to include some very restrictive EULA.

    • #226479

      I do believe they went after Homer Simpson once 😉

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    • #226485

      How often a Windows EULA is actually enforced in the real world by Microsoft against an individual or small business? Is it common?

      Pretty much like – never? They are way too scared of setting a precedent about that junk being invalid. Loads of their EULA provisions are plain invalid in EU, e.g.

      • #226524

        Uncommon, but a lot is probably the cost/benefit balance of litigation.  To some degree, I think that some of the stuff in EULAs are merely intended to intimidate compliance, rather than actually forcing. Although I’m sure that Microsoft’s EULAs are carefully vetted by their legal staff, if it came down to litigating, some of the content probably could be struck down as “unconscionable”.  That’s something that’s actually more common with smaller developers.

        For what it’s worth, in the past I’ve seen stories of various spyware applications whose EULAs included clauses that disallowed uninstallation with anti-spyware tools. Those were clearly unenforceable, but I don’t think I’ve heard of any that got so far as litigation.

    • #226503

      A standard part of boilerplate contracts that are done under the Uniform Commercial Code is what I call the “weasel clause”. That’s where the offering party reserves the right to change any part of the contract at any time, without negotiation, and without notification.

    • #226532

      One could argue that the EULA specifically disallows the ability to set up a headless Windows 10 machine that one can remote into and use remotely.

      Given that they have announced a Microsoft virtual desktop hosted on Azure, you can see that’s where they want the remote experience to be.

      Yep, that’s where all of this is heading. (A few years from now) Unless you use entirely open-source tools, you will no longer be able to cobble together your own personal cloud or any other remote access scheme. Everyone will have to subscribe to an Azure Virtual Desktop. And most home users and pro users will do so. It won’t be cheap, but it won’t break the bank for individuals or small businesses.

      When Microsoft announced that Windows 10 would be their last Desktop Operating System, this is what they really meant.

      If you don’t like the taste of that koolaid, don’t use Windows for networking. Or Apple or Google or Amazon.

      -- rc primak

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    • #226533

      BTW, in Maryland and Delaware (and at least one Western State) EULAs are enforceable. They are as valid as actual laws.

      -- rc primak

      • #226572

        Surely they are enforceable only to the limits that all parties were informed and voluntary, and that no clauses contravene established law according to preceding judgements by actual court cases. A stooge can write anything they want. That doesn’t make them a legislator. If a clause is challenged a judge will set precedent. Many of these eula’s remain unchallenged.

        I find it difficult to believe those states have given legislative power to anyone with a pen.

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    • #226615

      In Windows 10 the eula specifically says this:
      Section 2 c (v):
      use the software as server software …

      , and you may not:?

      One could argue that the eula specifically disallows the ability to set up a headless Windows 10 machine that one can remote into and use remotely.

      Both quoted sections refer to multiple users. I don’t think anything there precludes a single remote user.

      1 user thanked author for this post.
      • #226669

        This is more worrying…

        Restrictions..
        (iv) work around any technical restrictions or limitations in the software.

        Microsoft just made IT professionals violate the EULA, I guess I’m out of a job.
        Edit: HTML removal – Please use the “Text” tab in the post entry box when you copy/paste

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