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Microsoft Anti-Piracy Program Has Hard-Edged EULA | 50 comments (50 topical) | Post A Comment
A Test Case?[ Parent | Reply to This ] (none / 0) (#4)
by Ed Foster on Sun Apr 30, 2006 at 11:48:10 AM PDT

Interesting idea. If someone can devise a credible benchmark test that would provide worthwhile results, I'd be more than happy to run it and publish the results without asking Microsoft's permission. -- Ed Foster

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Well, what's the supposed benfit of this?[ Parent | Reply to This ] (none / 0) (#5)
by Anonymous User on Sun Apr 30, 2006 at 12:19:43 PM PDT

I guess one test would be installing it on a genuine windows, and on one or more pirated versions (obtaining this is of course a problematic issue) and see if WGA does it's job correctly or not. One could also do minor eula violations like installing something other than the pre-loaded version and see if it detects that. Does it impact the performance of de-facto standard benchmarks (not at all familiar with these, but 3dmark, pcmark etc?)
But I think the important thing with this and a lot of other clauses is "selective enforcement", just another nice to have tool to bludgeon disobedient customers.

Besides, would anyone really expend the resources of fighting a full-scale microsoft funded lawyer fishing expedition lasting possibly for years?

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Any test will do...[ Parent | Reply to This ] (none / 0) (#8)
by Anonymous User on Tue May 02, 2006 at 11:59:53 AM PDT

You know, Ed, the EULA doesn't specify that the test be meaningful, valid, or even accurate. It also doesn't differentiate between positive and negative conclusions.

So, for example: "CPU core temperatures did not significantly increase after installation, thereby proving that the WGA software does not affect performance and must be a really great thing to have. To ensure validity, temperature changes were compared with running CAD software, and graphics intense games, both of which did increase the CPU core temperature."

The above ridiculous example would be just as much a violation of Microsoft's ridiculous EULA as any other benchmark or conclusion. If Microsoft doesn't enforce it's EULA, I believe a case could be made about selective enforcement, or malicious prosecution, or that MS abandoned the EULA.

I believe the whole EULA nightmare boils down to the following question: Who owns my desktop? I have a receipt for it... doesn't that mean I own it?



Dave

Linux -- The windows patch that works!



[ Parent | Reply to This ]


Re: Any test will do...[ Parent | Reply to This ] (none / 0) (#10)
by Ed Foster on Tue May 02, 2006 at 02:00:50 PM PDT

Dave: You're quite right, of course -- I have the Constitutional right to publish even a stupid benchmark without asking Microsoft's permission, and I'd like to think there's not a court in the land that would deny that, no matter what the WGA Notifications EULA says. (But, then again, when you look at what some of our courts have said in cases like the Blizzard/Bnet case, maybe there are some judges who are ready to say that EULAs trump the 1st Amendment.)

The reason I won't publish a stupid benchmark though speaks to why these censorship clauses aren't justified: I won't publish something that I don't believe is worthwhile because I value my credibility. If an honest publicaton does something stupid by mistake, it will correct it when the mistake is pointed out. If a dishonest publication intentionally publishes false benchmarks, there are libel, defamation, misrepresentation and other laws to cover it.

Ed Foster



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Re: [ Parent | Reply to This ] (none / 0) (#29)
by Anonymous User on Sat Mar 15, 2008 at 10:45:28 PM PDT

Good idea. But I use macromedia benchmark test. vpxl|levitra|cialis

[ Parent | Reply to This ]


Offer[ Parent | Reply to This ] (none / 0) (#35)
by Anonymous User on Thu May 15, 2008 at 10:38:17 AM PDT

Good idea. order levitra online

[ Parent | Reply to This ]


Microsoft Anti-Piracy Program Has Hard-Edged EULA | 50 comments (50 topical) | Post A Comment
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