Incredible, indeed.
Before you install Microsoft’s ballyhooed new operating system Windows Vista, you’d better read the fine print. By installing Vista, you cede ultimate control of your computer to the much-loved software behemoth. Michael Geist, holder of the Canada Research Chair of Internet and E-commerce Law, Faculty of Law, University of Ottawa, spells it out for you.
Vista's legal fine print includes extensive provisions granting Microsoft the right to regularly check the legitimacy of the software and holds the prospect of deleting certain programs without the user's knowledge. During the installation process, users "activate" Vista by associating it with a particular computer or device and transmitting certain hardware information directly to Microsoft.
Even after installation, the legal agreement grants Microsoft the right to revalidate the software or to require users to reactivate it should they make changes to their computer components. In addition, it sets significant limits on the ability to copy or transfer the software, prohibiting anything more than a single backup copy and setting strict limits on transferring the software to different devices or users.
Vista also incorporates Windows Defender, an anti-virus program that actively scans computers for "spyware, adware, and other potentially unwanted software." The agreement does not define any of these terms, leaving it to Microsoft to determine what constitutes unwanted software. Once operational, the agreement warns that Windows Defender will, by default, automatically remove software rated "high" or "severe," even though that may result in other software ceasing to work or mistakenly result in the removal of software that is not unwanted.
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."
What does that mean? Well, check this out, for instance. Vista’s licence gives it the right to disable your computer if it believes that your use of the operating system is unauthorised or if it determines that you have altered the system software to circumvent Vista’s ability to monitor your computer and the software installed thereon.
Experience with Windows XP shows that validly licensed computers are often mistakenly flagged as invalid; the difference is that Vista shuts down.
Dr Geist also points to a paper by computer scientist Peter Gutmann that reveals technical limitations Microsoft built into Vista at the behest of the motion picture industry.
Vista intentionally degrades the picture quality of premium content when played on most computer monitors.
Gutmann's research suggests that consumers will pay more for less with poorer picture quality yet higher costs since Microsoft needed to obtain licenses from third parties in order to access the technology that protects premium content (those license fees were presumably incorporated into Vista's price). Moreover, he calculated that the technological controls would require considerable consumption of computing power with the system conducting 30 checks each second to ensure that there are no attacks on the security of the premium content.
Microsoft caves in yet again to pressure from the entertainment industry.
Regular readers of this blog will know that I’m a convinced Mac enthusiast. But, seriously, IMHO, this is beyond the pale. I honestly cannot understand why a user would install Vista on his or her PC, knowing what Dr Geist and other experts have publicised about Vista’s licencing agreement.
Sony tried this nonsense in 2005 and got sued. Sony’s mistake, apparently, was not informing customers that company software was spying on them. Microsoft is telling its customers up front (at least, those that read the fine print). For some reason, though, that doesn't seem to make it any more palatable.
Is this the real reason Windows development chief Jim Allchin said he’d buy a Mac?
Dr Geist’s column has now been picked up by BBC and United Press International.
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