Filed under: OS Updates, Windows, Microsoft, Commercial
A look at Vista's geek-surly licensing
by Jordan Running Oct 13th 2006 at 11:57AM
Ah, EULAs. Can live with them, can't be bothered to read them. TechWeb has an illuminating overview of what's new in Windows Vista's end-user license agreement, i.e. that thing you never read before clicking "I Agree." Of course, there's plenty of new stuff that you can't do. To begin with, Microsoft forbids you from transferring the OS to another machine more than once. Whereas you could transfer your copy of XP to a new computer as often as you wanted (as long as you took it off the old one), Vista says no, after the second one you've got to buy a new license. Ergo, if you've built your own machine and plan on upgrading your motherboard regularly, prepare to shell out for a new copy of Vista the second time you do. Secondly, Microsoft has forbidden installing Vista Home or Vista Home Premium on a virtual machine like VMware or Parallels. If you want to do that you'll have to pay for Windows Vista Business or Ultimate, which will retail for $299 and $399, respectively, though I rather doubt Microsoft has any way to actually enforce this. Lastly, Vista's license spells out its right to "phone home" to Microsoft and require validation whenever it feels like it, and the ramifications if validation fails for any reason: "The software will from time to time validate the software, update or require download of the validation feature of the software. If after a validation check, the software is found not to be properly licensed, the functionality of the software may be affected."To be honest, these ugly restrictions won't have much affect on the average home user, but could they be any more geek-unfriendly? Surly restrictions like this piss off power-users, who are the people those average Joes turn to when they want to know what kind of computer to buy. Microsoft is sure to make a pretty penny on Vista, but at what cost?
Update: This article at MacInTouch points out another wrinkle: If you use Vista Business or Ultimate inside a virtual machine, you are forbidden from accessing DRM-protected media: "You may use the software installed on the licensed device within a virtual (or otherwise emulated) hardware system. If you do so, you may not play or access content or use applications protected by any Microsoft digital, information or enterprise rights management technology or other Microsoft rights management services or use BitLocker." [Via Boing Boing]
Update 2: ZDNet's Ed Bott sheds some doubt on the Home virtualization issue, saying that TechWeb and others misinterpreted the license. He says, in short, that virtualization is perfectly fine for Vista Home, but you must have a license for each virtual machine just as with XP. However, if you shell out for Vista Ultimate or Business, "you can load another copy of that same OS, using the same product key, in a virtual machine on that same computer." Which would be a huge perk for power-users willing to put up the extra cash. Hopefully someone from Microsoft will chime in sooner or later with a difinitive clarification.
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Reader Comments (Page 1 of 1)
JaxSully said 12:11PM on 10-13-2006
I find it interesting on the comment "To be honest, these ugly restrictions won't have much affect on the average home user". What about the 32% of home users that are not connected to the network or modem. I personally have 2 pcs that are not connected to any type of network. I think the impact on the home user is going to be greater than expected.
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Gil said 12:12PM on 10-13-2006
What about Vista Pirated edition? Seriously considering these horrid restrictions I'm much better off buying a license and then actually installing the pirated one since it will allow more functionality.
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Guram said 12:12PM on 10-13-2006
It is too exacting to resources PC. I do not see strong need for its application!
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Qwfwq said 12:46PM on 10-13-2006
Is this really true? It's such an imbecile move. And me thinking that Microsoft was getting better. It it is actually confirmed then they are still the same old EVIL b@$tich$.
I can understand the WGA thing if it was properly implemented, after all they have to protect their business (although I find it ironic that they call it Genuine Advantage - advantage for who? it certainly isn't for us). But all these restrictions over the instalation in virtual machines or moving to a new computer and the "Vista phone home", this is completely senseless.
They are really pushing people to move away from Windows or just getting that "Pirated Edition" (because it will come, be sure of that).
They are fools, I tell you, FOOLS!!
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Pepe Gonzalez said 12:51PM on 10-13-2006
I don't think it's true that it will not affect home users and only bother power users. Home users are not as basic as before, and they might actually want to install Windows in more than 2 machines (not at the same time, of course). More importantly, Windows/Microsoft could fail at validating a valid installation, and cripple an honest home user's OS, and he would be bothered by it and he would not know what to do. On the other hand, power users will be able to find programs to crack these restrictions: it will be bothersome, but not limiting.
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Gardiner Westbound said 1:01PM on 10-13-2006
The hackers will have a workaround out before the first copy of Vista is sold at retail.
"When you invent a better mousetrap, the mice tend to get smarter." - Willie Gingrich
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TheWriteJerry said 2:22PM on 10-13-2006
Ultimately, Microsoft can make whatever stipulations they like for the use of the software they created. We as consumers can chose to use it, use something else, or use nothing at all. The loudest vote is the vote you cast with your wallet.
The real key here will be to see if software manufacturers side with Microsoft or consumers. That is, will they begin making / upgrading their wares to require Vista, or will they - seeing that consumers avoid Vista and its "Genuine Advantage/Phone Home" features (if consumers do indeed vote with their dollars and avoid Vista) - stay away from requiring Vista and stick instead with Windows XP, or even move over to OSX and/or Linux?
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Peter said 3:06PM on 10-13-2006
TheWriteJerry - "The real key here will be to see if software manufacturers side with Microsoft or consumers. That is, will they begin making / upgrading their wares to require Vista"
The software vendors don't really have much pull. Most people get their OS when they buy new hardware. If you think the Dells and HPs of the world will continue to offer XP you are sorely mistaken. Try to buy a machine today with Windows 2000 pre-loaded. People will get Vista whether they want it or not.
The day Vista comes out there will still be a huge installed base of XP users. Software vendors will need to make their products work with both XP and Vista.
The only way to avoid Vista will be to hang on to your old hardware or to build a new machine with your own OS.
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Qwfwq said 3:12PM on 10-13-2006
About Update 2,
Well, perhaps it's not as bad as was thought after all.
Could Microsoft be the victim of a FUD campaign?! Now that would be ironic.
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Fabulo said 3:37PM on 10-13-2006
You may run Vista on your computerm but the software does not beling to you. Do I really have to remind everyone that?
You are buying a license to use somebody else's intellectual property.
It is nowhere near as bad as $0.99 for ONE song that will play only on an iPod.
Most people who will get vista will get it in OEM version, tied to the new hardware they buy to replace the old Windows ME box they bought 5 years ago.
Microsoft will have a version for Enterprise that will ease some deployment pain.
The only category left is the geeky nerdy type (me). Those would be more potentially thwarted by the extra measure, however, I have long sought alternatives like macos and linux, so the crap thrown at me may push me entirely out of the MS os world (20% of my computers at home)
And finely, one has to wonder what Vista is bringing over XP except for a much larger memory footprint, higher CPU requirement and transparent winow borders for the fortunate enough to have a $150 video card.
NT4 was really good. 2000 was outstanding. After that it goes downhill, more restrictions, more DRM, more memory but it does not do more, and certainly does not do it faster.
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thirdprophet said 3:36PM on 10-13-2006
It's news like this that I read as we get closer and closer to Vista's launch that makes me really glad that I switched over to Mac four months ago. Not that I'm not going to use Vista - I'm sure my wife will still be running Windows and so will my family, and myself as well in BootCamp for gaming and Windows-specific application purposes. And I honestly am excited to see what the new OS has to offer when it comes out retail, after testing out RC2 on my MacBook. But everything Microsoft does lately from Vista to DRM to even the XBOX just makes me shake my head or laugh. I just don't know what they're thinking. Actually, no, we all know what they're thinking, but I'm pretty sure that we all think that they're thinking it wrong.
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dennis parrott said 4:29PM on 10-13-2006
why am i not surprised by any of this garbage? when WGA rolled out we knew which direction microsoft was going to go and we pretty much knew that it would NOT be good for any of us. the PC manufacturers, the OS manufacturers, the "content" providers are all pretty much in agreement that your PC should be theirs to dictate terms of your use on. PEOPLE WAKE UP -- they want you to be their personal cash cow (1-2-3, say Moo everybody!).
what features of Vista can we computer users just simply NOT live without? what will Vista enable that you can't already do with XP?
Vista will break most applications and if you think that you are gonna get any free replacements, well, you're living in a dream world.
nope. no Vista at my house. i don't need it. in fact, now that there is a Flash player beta for Linux, ubuntu linux is looking really, really strong as a contender. ubuntu linux loaded on an older Dell laptop i have easier and faster than any version of windows ever did and i didn't have to wade through a 100 reboots doing windows update either...
nope... windows xp is the last version of windows i will buy and my preference for a vendor of my next piece of hardware will be that vendor who offers me hardware without a bundled OS. $399 for Vista supersized? you gotta be kidding me...
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Qwfwq said 7:19PM on 10-13-2006
@dennis parrot
You know, this diatribe about the needlessness of upgrading from Vista to Windows XP, I remember making exactly the same one about Windows 3.1 and 95, over 10 years ago ... and you can see how that ended.
But I agree with you, nowadays things have turned worse - software companies (among others) are trying to "brainwash" people into thinking that when we buy a piece of software we are only acquiring a limited license to use their intelectual property and we must unconditionally abide to their arbitrary rules and restrictions. And this indoctrination seems to be working because I've read this speech repeated in many places, including here.
Now I don't know what is the legal stance on this issue (including in my own country) but the way I see it this is plainly wrong - when I buy a book or a CD I'm also buying a license to somebody else's intelectual property, and while I cannot copy them and distribute them to my friends, I can (at least where I'm from) read it anywhere I want, lend it to whomever I please or even use them as a wedge under the table leg or as a coaster if I so wish. And I should be able to do exactly the same thing with software (I know that there are a lot o people think that Windows instalation disk makes a great coaster).
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Qwfwq said 9:52PM on 10-13-2006
@Jordan Running
I guess it's time for Update 3 of this post.
Paul Thurrot, the infamous Microsoft evangelist (just kidding, he's actually very objective in his opinions) has just shed some light on this Vista EULA issue, over at Win SuperSite. According to him there has been a lot of misconceptions about the Vista EULA contract - Microsoft actually clarified some issues in the new EULA, making it more readable than the one for XP and this apparently has thrown some people off track :-).
The bottom line is that the Vista's licence is not more restrictive than XP's, all retail versions can be transfered to a new computer, there's no need to buy a new license if the PC is ugraded, and although the Home Basic and Home Premium license does not allow installation in a Virtual Machine, technically they can and what Microsoft doesn't know can't hurt you.
For more details check Thurrots article at http://www.winsupersite.com/showcase/winvista_licensing.asp
So I guess that Microsoft is not as bad as we thought (hoped :-) and we'll just have to find something else to hate about Vista.
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Dave said 11:11AM on 10-14-2006
I don't mind at all. I've already decided to switch to a Mac for my next computer. I've had it with Windows. That was reinforced today when I decided to try out Vista again. I was trying to delete a folder and had to click yes/Ok seven times and then was told that I needed Administrator rights. And I have administrator rights.
Goodbye Windows.
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Fred said 12:41PM on 10-28-2006
Yet another move to push users into buying pirated versions of software. They go all out complaining about piracy, yet they do a move like this to further mess with the consumers mind! We have 5 pc's here at home, and I don't think i'll be shelling out hundreds of dollars just to let them all work! I'll buy one yes, then go and buy pirated versions! Take that Microsoft!
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Dana Follow said 8:27PM on 11-14-2006
I don't know what Moneysoft considers an average user. I guess it's somebody that buys a new computer every other time a piece of hardware takes a dump. Mobos crap out on an average of 5-10 percent within a year because of several factors besides p-poor construction. So do HDDs and if I had to pay for a license after that crap I'd have a baby. The bottom line is they figure the average user doesn't do anything but pay $70 per hour every time their machine won't start. Until they change the agreement, neither myself or anyone that I talk to will get a BIG FAT NO to Vista. Bill G$$$$ has enough of my cash already!
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