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Vesayen
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My new comp comes with windows xp proffesional on it by default, im debating putting on a different operating system, but i'm not sure.
Someone just told me that xp periodically scans your hard-drive and sends info on the contents back to MS, and if you have pirated software, it shuts down your comp..........
It dosent matter if I have pirated software on my comp, and that isnt the issue. The issue is no one has a right to know whats on my comp except me...... I read all the longass user agreements on the comp and the MS software on it-it didnt mention this "feature" anywhere in it.
Is the above true, and if so, any way to disable it? If it is true and I cant, im putting on a different OS.
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Comrade Tassadar
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You've been had.
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Soul Survivor
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UChicago
May 2003 time: 05:29
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was this person a hardcore linux user?
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optimus2861
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Halifax, NS
Nov 2000 time: 01:29
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Someone gave you a warped description of WinXP's Windows Product Activation, I think. WPA keeps an eye on the hardware in you computer, and if it changes too much, triggers a "phone home" request for you to reactivate Windows, either over the internet or over the phone (because WPA then suspects you've installed Windows on a second computer in violation of the End-User License Agreement). If you don't do so within 3 days (IIRC), Windows will prevent you from booting into anything but Safe Mode.
You state that WinXP Pro came with your new computer, so you may have an OEM version of WinXP that is BIOS-locked to your motherboard (does your XP CD say something like, "For Distribution With A New PC Only"? That would mark it as OEM). In which case, you shouldn't be prompted to reactivate, ever, but if you were to change your motherboard, your WinXP would neither run nor install on your newly-changed system.
All this because Microsoft believes that 'casual' copying is such a drain on its revenue stream that it has to treat all consumers as potential pirates and disable their OS if things don't seem right . MS Office XP also has a form of WPA in it.
The legality of this particular license restriction is suspect in the United States, but has never been tested in a court of law.
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mrmitchell
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The big piracy fanatics are the ones who are really hurting MS, but Microsoft targets small consumers...it's a shame.
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mrmitchell
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Dunno...at best, make a back-up of all your stuff before you upgrade. Might not be able to come back down; depends on how fascist Microsoft is feeling at the moment.
(How much of an upgrade was WinXP over 98? I mean, hell, I'm using ME and I don't feel any compulsive urge to upgrade at all.)
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optimus2861
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Halifax, NS
Nov 2000 time: 01:29
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quote: Originally posted by Asher
The legality has never been questioned, a software company has a right to restrict what you do with their software. And it has been held up in court before, in cases where piracy has been charged (the license also says how many computers you can install it on). |
Dammit, what's the cite... I can quote this almost verbatim, it's from a shrinkwrap licensing case: "Shrinkwrap licenses are enforceable except in cases where they violate a term of positive law or are unconscionable." You want unconscionable? How's this, from the first line of MS's EULAs?
"This product is licensed, not sold."
Bullshit. I've got a sales receipt from the retailer who was the legal owner of the copy of the software that I purchased. I made a single payment for a perpetual term and assumed all risk of loss of the product. That, by definition is a sale. I own every retail product that I buy. Copyrighted software is no different in this regard than any other copyrighted work; music, books, movies, etc. The copyright holder does not have the right to restrict fair use, especially not fair use that occurs in the privacy of my own home. The RIAA cannot restrict my use of a music CD to a single stereo. The MPAA cannot restrict my use of a movie DVD to a single DVD player. By the same analogy, Microsoft cannot legally restrict my use of my software in my own home for private, noncommercial use. Whether I own 1 computer or 5 is none of Microsoft's business. When I purchase a copy of Microsoft's software, I become the owner of that software and can use it within the full extent of copyright law. Microsoft would have to prove material harm in order to come after me for violating their bullshit 'one copy - one computer' EULA in the privacy of my home. Good luck. And, to my knowledge, Microsoft has never taken a citizen to court to attempt to enforce it. They instead rely on their distrustful WPA scheme to do it for them.
Unconscionable not good enough? How about a point of positive law? How's this, for the USA:
quote: (a) Making of Additional Copy or Adaptation by Owner of Copy. - Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
(1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner |
Nowhere there does it state 'one computer - one copy'.
Now Canadian copyright law does have one distinction from American law when it comes to computer software; Canadian law does explicitly state that only a single copy is allowed. I don't for a second believe this is enforceable, however. What would MS do, petition the court to have the police search my home because they believe I may have installed WinXP on two computers? 
For the record, I only have one computer anyway. But software activation is, at its core, a distrustful, dishonest practice that is only going to serve to piss off innocent consumers, like any hair-brained copy-protection scheme. Best it get stomped out ASAP before it finds its way into more and more software packages, and merely replacing hardware components triggers all sorts of software packages to stop working on you until you plead your case to copyright holders who have no right to know what you do in your home with copies of their work.
Finally - it is a different matter entirely if we're talking about commercial use of software by businesses. Businesses do not have the same extent of fair use rights that citizens do, and you've got commercial implications to licensing violations that carry much more weight in court. So if a business buys 10 copies of software, agrees to only install it on 10 computers, and installs it on 20, the vendor will have a much stronger case against the business than it would against a citizen, since presumably the business is receiving an economic benefit from those additional installations that the vendor has not been compensated for.
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