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Windows XP Restrictions put MS in Legal Hot Seat?
Microsoft could face court over 'misleading' XP terms
Microsoft's refusal to give a detailed account of the restrictions it's placing on users' ability to reinstall Windows XP could land the software giant in court.
The claim comes from legal and trading experts, following news that users of the retail version of XP will be required to contact Microsoft when first installing the OS, and on subsequent installations.
This is designed as an anti-piracy feature, as it will limit the number of times the software can be installed on different hardware.
But Microsoft is refusing to tell customers what that cut off point is, which is where the contention lies.
Duncan Reid, product services group manager at Microsoft, defended the company's decision, and told silicon.com: "We are not being explicit on details because we don't want to make life easy for unscrupulous hackers."
He added that Microsoft is not anticipating any problems with the process because the restrictions apply to a very small percentage of its customers.
However, legal experts claim that not disclosing this information at point of purchase could infringe customers' rights.
Ben Goodger, partner with law firm Willoughby Partners, warned that disgruntled XP customers could have strong cases claiming they were misled on terms of use.
He said: "Microsoft should state all details. The fact that no upper limit [on the number of re-installations] has been released is not legally acceptable in my opinion."
John Armstrong, a lawyer with CMS Cameron Mckenna, also warned that customers could sue over unclear terms of use.
He said: "Selling conditions have to be fair and reasonable. But if they're not brought to the customer's attention at the selling point, a court will probably side with the customer."
However, he added that because the reinstallation restrictions will only affect retail customers - mainly home and small business users - any resulting lawsuits are likely to be low key.
Richard Webb, ecommerce standards officer with the Trading Standards Institute, agreed that while Microsoft was not breaking any laws by excluding information, a court could interpret the action as misleading and rule in favour of a customer.
For related news, see:
Microsoft switches to subscriptions
www.silicon.com/a44329
Hard cheese: Microsoft takes hard line on hardware upgrades
www.silicon.com/a44323
Ballmer: Server software key for Microsoft growth
www.silicon.com/a44310
XP hits the shelves in October
www.silicon.com/a44298
So what do you think...?!
User Comments
(These do not necessarily reflect the beliefs of this site)
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-X-
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Date: May 15, 2001 @ 2:10 PM
Very interesting... but I don't think that MS is too scaired of legal action, I mean they were told that they had to be split in two already yet you see no change still do you? |
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Frawgster
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Date: May 15, 2001 @ 2:20 PM
A snippet of a recent conversation between myself and the IT professional at my workplace:
Me: So, what do you think of Windows XP?
IT prof: Well, if you want Microsoft to really bend you over and fuck you...go with it.
Not too sure exactly what he meant by that, but I thought it was kinda funny ;-)
-Frawg- |
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RyanS
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Date: May 15, 2001 @ 3:36 PM
If XP does go this route, Microsoft can go fuck itself and I'll stick with Windows 2000 and 98SE. |
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thecat2000
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Date: May 15, 2001 @ 3:56 PM
Yes, I was stunned to read all this myself! I am very dissapointed with this news but Microsoft are way out of line on this.. I would have liked to get XP. But I am certainly put off from that idea now. Unless their policy changes. But there is a fat chance in hell of it. |
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Anonymous
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Date: May 15, 2001 @ 4:41 PM
Who cares? We'll pirate it anyway. It only impacts fucks that pay for it. |
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cype
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Date: May 15, 2001 @ 5:41 PM
Duncan Reid, product services group manager at Microsoft, defended the company's decision, and told silicon.com: "We are not being explicit on details because we don't want to make life easy for unscrupulous hackers."
uhh thats a bunch of bullshit you know the deal Microsoft fucking up your comp again lol. |
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thecat2000
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Date: May 15, 2001 @ 6:38 PM
Well you should all check out my posting on this at Wincustomize.com a lot of people seem to defend Microsoft and their new Authorisation method. And much of everything else really.
[I must be in la la land or they just dont take any real notice of what the article says..?] |
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pressf8
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Date: May 15, 2001 @ 6:49 PM
Wow, this really sucks--think I'll be sticking with Win2k for a while--I've been very happy with it so far.
XP looks like crap anyway--all fruity and "user friendly"... pfft, just give me a stable NT machine...
Brian |
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Frawgster
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Date: May 15, 2001 @ 9:29 PM
Ahhh...a stable NT machine...i didnt' have to reboot my NT machine at work for 3 months...gotta love it ;-)
-Frawg- |
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richieZ
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Date: May 15, 2001 @ 10:56 PM
Windows XP is the best Windows OS to come out. It out performs Windows2k and runs circles around it. the restrictions that MS is putting on windows XP is there for anti-piracy, a word which reads like bloody murder to people like us who prolly have not paid for a piece of software since the early '90s. The restrictions are so easy to hack though. a simple registry key can be deleted making windows xp think the OS has been registerd, and a couple files (put in by IE 6), need to be deleted which every so often try to contatct MS secretly to verify registartion. so the hackers already have worked around this, which is funny (what is even more funny is the fact that most of these hackers work for Microsoft to begin with, and are very close friends of mine) Windowwx XP may be a little ugly... but you can change the way it looks, it has way more customazability than any other MS OS. Everything will be ok... Lets not start unwanted controversy... |
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Anonymous
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Date: May 16, 2001 @ 3:59 AM
does it matter what they do... no matter what, someone will find way around it.. don't they always? |
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bronhi
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Date: May 16, 2001 @ 1:01 PM
Microsoft did not break up yet because they are appealing their case to the next highest court in the country, and by law they are not required to break up yet, untill the highest court in the country has ruled that they have to break up.
MK |
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Anonymous
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Date: May 16, 2001 @ 4:22 PM
There already is a crack! This won't stop pirates, this will only stop idiots! |
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Anonymous
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Date: May 17, 2001 @ 4:42 PM
My biggest problem with Xp is the OS hide the hard drive or C drive. and i like to delete unused files all the times, and also i like to format my hard drive when i want to.
I'm sure i will not buy XP, since i spend allready 150$ for ME last year, maybe the pirate version ......
Gabefor 10 bucks... |
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cype
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Date: May 19, 2001 @ 3:36 PM
I saw this on the news and was going to write an article on it for the dmusic community but i see it was already done, great article, wooot for microsoft NOT |
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Anonymous
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Date: May 20, 2001 @ 3:37 PM
The hell with micro$oft, I've removed Windows 98 from my computer and have installed Linux on it instead! |
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rabbitzx2001
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Date: May 22, 2001 @ 4:02 PM
bleh, who cares, the crackers will save us. xp is great, however, i don't think i can say the same for the company that makes it.
[l33t] rx2kONE 0wn5 j00 [/l33t] |
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havand
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Date: May 24, 2001 @ 9:55 PM
thats the shit that makes me wanna hurt bill gates. Its not the contacting microsoft crap. Hackers can get around that. everyone has faith in that. However, what i am completely against is that 'secret' contact you referred to. That is bullshit. For someone like me who still has to dialup, it wouldn't be as bad, but it could still do it. For someone with cable, satellite, dsl, or a network, that would be murder. What next, Bill Gates sending you nasty snailmail about having porn on your computer or something. "Attention user: our files indicate that you have a piece of pornographic material on your computer. Bill Gates and the microsoft team would just like to inform you that it must be removed or you evidence will be planted on your machine and you will be framed for something like child pornography. Have a nice day" Fuck Microsoft. Fuck bill gates. Where is my Commodore 64?!? |
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