News

BBC Looks At Microsoft Vista's EULA 
Posted on Thursday, February 08, 2007 - 12:00 AM

The British Broadcasting Corporation in an article posted on 1 February 2007 claims that "Vista seemingly wrestles control of the 'user experience' from the user" and includes extensive provisions granting Microsoft the right to regularly check the legitimacy of the software and holds the prospect of deleting certain programs without the user's knowledge. As legally trained professionals, lawyers should be aware of what the EULA contains.

The article by Michael Geist, who holds the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, Faculty of Law, puts in layman's terms some key conditions in the End-User Licence Agreement (EULA).

Here are some of the key provisions in the Vista EULA:
· Regular check-ups via the Internet on whether your software is legitimate.
· Product activation that ties that copy of Vista to a particular PC.
· Periodic "re-validation" at Microsoft's whim.
· Limits on copying or transferring the software. You can make only one backup copy, for example.
· The new Windows Defender scans for malware but Microsoft determines what constitutes malware, and will automatically remove software it deeps a "high" or "severe" threat.
· Intentionally degrades picture quality of high-definition DVDs when played on virtually all monitors.
· Even if you are unhappy, "You may not work around any technical limitations in the software."