Various Topics on Windows Vista

..a..

Adam Albright wrote:

>
>
> Hey bub, trying to play attorney now? A EULA technically isn't a
> contract

You're the idiot! The EULA is an agreement...an agreement is a legally
binding contract.
How fukkin dumb are you mr genius?
Frank

..a..

Noozer wrote:

> In other words, they could detect that you have Alcohol 120% on your system
> and shut you down.
>
>
Would that be like drunk driving! :-)
Frank

..yB..

Adam Albright wrote:
>
> Sure right, next thing you'll try to tell us is you count the paper
> clips in each box to make sure there's a 100 and of course your count
> the issues on each roll of toilet paper to be sure there are a 1,000.
>

I used to do that. I bought a gross of condoms once, but there were only 143
in the box. When I complained to the pharmacist the next day, he gave me a
free one along with the apology: "I'm sorry we spoiled your evening."

..l

I don't read anything in the EULA portions quoted below that indicates MS
has any right to install updates when one has explicitly opted out of them.
Continuing on in section 7 the Vista EULA,

.. Windows Update Feature. You may connect new hardware to your device.
Your device may not have the drivers needed to communicate with that
hardware. If so, the update feature of the software can obtain the correct
driver from Microsoft and install it on your device. You can switch off
this update feature.

As a consumer, I would expect that if I do "...switch off this update
feature", I expect it to stay switched off. Period. No quibbling.

It's my computer.

Val


"Bruce Chambers" <bchambers@cable0ne.n3t> wrote in message
news:OEFCv$h9HHA.3400@TK2MSFTNGP03.phx.gbl...
Silicon neuron wrote:
>
>
> Microsoft has begun patching files on Windows XP and Vista without users'
> knowledge, even when the users have turned off auto-updates.
>
>


Actually, this is *not* being done _without_ user consent. Just the
opposite. Every user of each operating systems has been given advance
notice that such things could happen, and has consented to it.

Read the Vista EULA. Section 7 makes it clear that this could happen:

================================================== ======================

7. INTERNET-BASED SERVICES. Microsoft provides Internet-based services
with the software. It may *change* or cancel them at any time.
a. Consent for Internet-Based Services. The software features
described below and in the Windows Vista Privacy Statement connect to
Microsoft or service provider computer systems over the Internet. *In
some cases, you will not receive a separate notice when they connect.*
You may switch off these features or not use them. For more information
about these features, see the Windows Vista Privacy Statement at
http://go.microsoft.com/fwlink/?linkid=20615. By using these features,
you consent to the transmission of this information. Microsoft does not
use the information to identify or contact you.

================================================== ======================
(Emphasis mine)

The WinXP EULA also made this clear:

================================================== ======================

Internet-Based Services Components. The SOFTWARE contains
components that enable and facilitate the use of certain
Internet-based services. You acknowledge and agree that
MS, Microsoft Corporation or their subsidiaries may
automatically check the version of the SOFTWARE and/or
its components that you are utilizing and may provide
upgrades or supplements to the SOFTWARE that may be
*automatically* downloaded to your COMPUTER.

================================================== ======================
(Again, emphasis mine)


Do I approve of this practice? Not really. I'd prefer to know about
each and every change as it happens, just on the off chance that, if a
problem occurs, I've better information on which to base my
troubleshooting. But I'm an exception; most people simply don't want to
know about technical details of how the OS is working.


--

Bruce Chambers

Help us help you:
http://dts-l.org/goodpost.htm
http://www.catb.org/~esr/faqs/smart-questions.html

They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety. -Benjamin Franklin

Many people would rather die than think; in fact, most do. -Bertrand Russell

..pit.. ..n.. ..V..

Val;
This is referring to the part that updates drivers and does not apply to
other updates.

--
Jupiter Jones [MVP]
Windows Server System - Microsoft Update Services
http://www3.telus.net/dandemar


"Val" <vmanes@NOSPAMrap.midco.net> wrote in message
news:KaydnZyMFoyYeXTbnZ2dnUVZ_gGdnZ2d@midco.net...
>I don't read anything in the EULA portions quoted below that indicates MS
> has any right to install updates when one has explicitly opted out of
> them.
> Continuing on in section 7 the Vista EULA,
>
> . Windows Update Feature. You may connect new hardware to your device.
> Your device may not have the drivers needed to communicate with that
> hardware. If so, the update feature of the software can obtain the
> correct
> driver from Microsoft and install it on your device. You can switch off
> this update feature.
>
> As a consumer, I would expect that if I do "...switch off this update
> feature", I expect it to stay switched off. Period. No quibbling.
>
> It's my computer.
>
> Val

..l

JJ,

It's the closest I see to anything refering to updates of the system files -
the other parts of Section 7 (sounds like a mysterious quasi-governmental
agency??) refer to various specific internet enabled features. My point is
that nothing I can find in the EULA (I just read the whole darn thing) seems
to state MS reserves the right to arbitrarily modify an end user's system.

Would you want Ford to just walk into your garage and start tinkering with
your car?

Val


"Jupiter Jones [MVP]" <jones_jupiter@hotnomail.com> wrote in message
news:%23VCh%23Gn9HHA.2752@TK2MSFTNGP06.phx.gbl...
Val;
This is referring to the part that updates drivers and does not apply to
other updates.

--
Jupiter Jones [MVP]
Windows Server System - Microsoft Update Services
http://www3.telus.net/dandemar


"Val" <vmanes@NOSPAMrap.midco.net> wrote in message
news:KaydnZyMFoyYeXTbnZ2dnUVZ_gGdnZ2d@midco.net...
>I don't read anything in the EULA portions quoted below that indicates MS
> has any right to install updates when one has explicitly opted out of
> them.
> Continuing on in section 7 the Vista EULA,
>
> . Windows Update Feature. You may connect new hardware to your device.
> Your device may not have the drivers needed to communicate with that
> hardware. If so, the update feature of the software can obtain the
> correct
> driver from Microsoft and install it on your device. You can switch off
> this update feature.
>
> As a consumer, I would expect that if I do "...switch off this update
> feature", I expect it to stay switched off. Period. No quibbling.
>
> It's my computer.
>
> Val

.... ..brig..

On Thu, 13 Sep 2007 17:46:39 -0700, Frank <fb@nospan.crm> wrote:

>Adam Albright wrote:
>
>>
>>
>> Hey bub, trying to play attorney now? A EULA technically isn't a
>> contract
>
>You're the idiot! The EULA is an agreement...an agreement is a legally
>binding contract.

Explain to us how Microsoft KNOWS who c****ed their mouse agreeing to
the EULA which is the ONLY so-called "proof" anyone agreed to the
terms of the license. Damn, Frank I know you're a real dim bulb, but
even you should see the fatal flaw in such half-*** reasoning and to
try to claim it becomes legally binding is laughable.

Worse, Microsoft doesn't provide any written version of the EULA in
the packaging Vista comes in and the only way you get to see it is if
you begin the install process THEN nobody that sold Vista to you will
take it back claiming it is "opened" software. Sounds like a catch 22
to me.

Of course you being nothing but a moronic fanboy you probably wait on
your porch every evening hoping you see a pig fly past. Lots of luck
with that.

.... ..brig..

On Thu, 13 Sep 2007 17:47:25 -0700, Frank <fb@nospan.crm> wrote:

>Noozer wrote:
>
>> In other words, they could detect that you have Alcohol 120% on your system
>> and shut you down.
>>
>>
>Would that be like drunk driving! :-)
>Frank


You being a drunk would know.

..pit.. ..n.. ..V..

Paragraph 7 covers it.
As for "quasi-governmental agency", I don't see that at all.
Consult an attorney specializing in software licensing if a definitive
answer is needed.
It is highly anyone responding here qualifies.

"Would you want Ford to just walk into your garage..."
Not relevant since there is no agreement that permits Ford to do that in my
garage.

--
Jupiter Jones [MVP]
Windows Server System - Microsoft Update Services
http://www3.telus.net/dandemar


"Val" <vmanes@NOSPAMrap.midco.net> wrote in message
news:ZZadnaajZ8AtdnTbnZ2dnUVZ_o-mnZ2d@midco.net...
> JJ,
>
> It's the closest I see to anything refering to updates of the system
> files -
> the other parts of Section 7 (sounds like a mysterious quasi-governmental
> agency??) refer to various specific internet enabled features. My point
> is
> that nothing I can find in the EULA (I just read the whole darn thing)
> seems
> to state MS reserves the right to arbitrarily modify an end user's system.
>
> Would you want Ford to just walk into your garage and start tinkering with
> your car?
>
> Val

..e..

Tim Slattery <Slattery_T@bls.gov> wrote:
>Bruce Chambers <bchambers@cable0ne.n3t> wrote:
>> "Nobody?" What planet do you live on? I read every contract I'm asked
>>to sign. I seek legal advice for any portions I don't understand. Don't
>>you? Are you saying that the *everyone* is too stupid or too lazy to
>>look out for their own interests? And I though I had a dim view of the
>>general public.
>
>Do you read every single EULA you run into? Do you have time to do
>anything else?

And I guess he's recommending that anyone who doesn't understand each
and every word of the EULA should seek legal advice before purchasing
the software. Yeah, that'd work.


--

Reality is that which, when you stop believing in it, doesn't go away.

....Philip K. ****