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DATE 2006-12-01

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Key: archive Value: 2006-12-01

MESSAGE
DATE 2006-12-27
FROM Ruben Safir
SUBJECT Subject: [NYLXS - HANGOUT] DRM is still theft..
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Date: Wed, 27 Dec 2006 22:10:14 -0500
From: Ruben Safir
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Original URL:
http://www.theregister.com/2006/10/29/microsoft_vista_eula_analysis/
Surprises inside Microsoft Vista's EULA By Scott Granneman, SecurityFocus
Published Sunday 29th October 2006 23:32 GMT

Analysis It's Autumn in St. Louis, my favorite time of year in
Missouri. Coats are getting progressively thicker as the temperature
drops, trees are changing their leaves in a final show of brilliant color
before their skeletons show, and darkness is starting to scare away the
sun a bit earlier every day.

Every Thursday night this Autumn you'll find me teaching the latest
iteration of a wonderful course at Washington University in St. Louis
(http://www.wustl.edu) titled "Technology in Our Changing Society
(http://www.granneman.com/teaching/washingtonuniversity/techinchangingsociety/)".
Once a week my students and I examine a different issue about the point
at which technology and social change intersect, and our discussions are
as fulfilling as they are knotty. I can't tell you how many times this
semester I've heard someone say, "This is a really complicated issue,
and I'm not sure yet what I think. Download VMware Server for FREE!


I respect and understand completely what they're saying. After all, when
you're wrestling with issues around free speech, biotechnology, identity
online, or virtual property, discussions tend to operate in shades of grey
instead of black and white. Sometimes issues are a bit more cut and dried,
and a student will utter a bon mot that perfectly encapsulates an issue.

A long time ago, a high school kid who wasn't that great of a student
told the class, after a long discussion about governments and politics,
"Well, here's what I've learned: socialism is fair but doesn't really
work, while capitalism isn't fair but does work mostly." Not too bad
for a 9th grader. More recently, I had the adults in "Technology in Our
Changing Society" read both the Windows XP EULA and the GNU General
Public License. When I asked them what they thought, one woman said,
"The EULA sounds like it was written by a team of lawyers who want to
tell me what I can't do, and the GPL sounds like it was written by a
human being who wants me to know what I can do." Nice

The next version of Windows is just around the corner, so the next time
we discuss software licensing in my course, the EULA for Vista will be
front and center. You can read the Microsoft Vista EULA yourself by going
to the official Find License Terms for Software Licensed from Microsoft
(http://www.microsoft.com/about/legal/useterms/) page and searching for
Vista. I know many of you have never bothered to read the EULA - who
really wants to, after all? - but take a few minutes and get yourself
a copy and read it. I'll wait.

Back? It's bad, ain't it? Real bad. I mean, previous EULAs weren't
anything great - either as reading material or in terms of rights granted
to end users - but the Vista EULA is horrendous. Benchmark censorship

Ed Foster has written - with his usual righteous eloquence -
a piece on his Gripelog titled "A Vista of Licensed Censorship
(http://www.gripe2ed.com/scoop/story/2006/10/24/0456/5625)" that covers
several new restrictions in the upcoming Vista EULA. Vista Home now
contains this gem:

9. MICROSOFT .NET BENCHMARK TESTING. The software includes one or
more components of the .NET Framework 3.0 (".NET Components"). You
may conduct internal benchmark testing of those components. You may
disclose the results of any benchmark test of those components,
provided that you comply with the conditions set forth at
http://go.microsoft/fwlink/?LinkID=66406.

Foster brings up good points about the inevitable problems that
this clause will bring. Microsoft can - and undoubtedly will -
change the terms on that web page at any time, thus complicating
life for anyone wanting to disclose test results.

Worse, another requirement dictates that any benchmarks must "be
performed using all performance tuning and best practice guidance
set forth in the product documentation and/or on Microsoft's support
Web sites," thus forcing testers to use settings that aren't found in
the workaday world, potentially distorting results. Foster gives this
example (http://www.gripe2ed.com/scoop/story/2006/10/24/0456/5625),
one that should resonate among the readers of this column:

Just by way of example, what about a security researcher who
a year or so from now wants to compare the buffer overflow
vulnerabilities of the original version of Vista with the
inevitable SP1?

Under Microsoft's rules, the researcher could not make public
the results of the older version of the software. And if you
think it highly unlikely Microsoft would actually object to
the benchmarks in such circumstances, think again. In 2001
Microsoft came down on an independent lab that was about to
go public with performance benchmarks comparing Windows NT
and Windows 2000.

Beyond the fact that censorship is almost always a bad
thing (I'll agree that it's permissible in a very few
cases involving national security, but that's about it),
software is of such critical importance to people's lives
that I can see virtually no reason why any limitations on
benchmarking and testing results should ever be allowed
to stand. No virtualization for you!

Right now, consumers and businesses can buy two versions of
Windows XP for their desktops: Home and Professional. Let's
review the choices they're going to face, including pricing
(http://www.theregister.co.uk/2006/09/06/windows_vita_prices/),
when Vista rears its head:

* Starter (OEM pricing only)
* Home Basic ($199, or $99 upgrade) * Home Premium ($239, or
$159 upgrade) * Business ($299, or $199 upgrade) * Enterprise
(OEM pricing only) * Ultimate ($399, or $259 upgrade)

I understand that product differentiation
among market segments is common and makes good
sense. But this is ridiculous. Six different versions
(http://www.winsupersite.com/showcase/winvista_editions_final.asp)?
Quick, which one is right for you: Home Premium or
Business? Uhhhh...

If you're like many security professionals, you may not run
Windows as your main OS, but you have to use it for testing
purposes. In cases such as that, virtualization is the perfect
answer. Fire up VMWare or Parallels, open up your image of Windows
XP, and let 'er rip. In cases like that, the Home edition of XP
was perfect: a lot cheaper than XP Pro, and still close enough
that your testing was valid.

Things will be different with Vista. Buried deep in the back
of the EULA, in the sections titled "MICROSOFT WINDOWS VISTA
HOME BASIC" and "MICROSOFT WINDOWS VISTA HOME PREMIUM," are two
identical clauses:

4. USE WITH VIRTUALIZATION TECHNOLOGIES. You may not use the
software installed on the licensed device within a virtual
(or otherwise emulated) hardware system.

So you can't create a virtual image using Home Basic ($199)
or Home Premium ($239). However, the EULA does allow you to
use Vista Business ($299) or Vista Ultimate ($399). Hmmm... I
wonder why? It couldn't possibly be because those editions
cost more, could it? Wanna bet? The fact that there aren't
any technical restrictions in place to prevent users from
loading Home editions into VMWare, only legal and support
barriers, sure lends credence to that supposition.

It gets better, however. If you comply with Microsoft's
licensing and use Ultimate within a virtualized environment,
you still have to comply with section 6 of the "MICROSOFT
WINDOWS VISTA ULTIMATE" appendix to the Vista EULA:

6. USE WITH VIRTUALIZATION TECHNOLOGIES. You may use
the software installed on the licensed device within a
virtual (or otherwise emulated) hardware system on the
licensed device. 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. We advise against playing or accessing
content or using applications protected by other digital,
information or enterprise rights management technology
or other rights management services or using full volume
disk drive encryption.

IANAL (I am not a lawyer), but it sure seems to me that
this clause goes way beyond listening to DRM-protected
Windows Audio files (and why anyone would even buy that
garbage (http://www.securityfocus.com/columnists/390)
in the first place is beyond me). Section 6 also
appears to block the opening and reading of documents
"protected" with Microsoft's "Rights Management
Services," which I covered a couple of years ago
(http://www.securityfocus.com/columnists/165). Basically,
this means that if you want to run a Windows version
of Office inside Parallels or VMWare so you can create,
read, and work on documents that have DRM'd, you're out
of luck. Want to test Windows and DRM (those two great
tastes that taste great together)? You gotta buy a new PC!

Note: Another group that's going to suffer under
these outrageous restrictions on virtualization? Web
developers, who just want to test their work under
IE. Gee, thanks, Microsoft!

Reinstallation blues

I saved the best for last. Most people never actually
install Windows; instead, they just buy a new PC that
has the OS pre-installed (of course, the fact that
it's virtually impossible to buy a PC that doesn't
have Windows already installed, so that Linux users
end up paying the Windows tax, is a major problem,
but that's an issue for another column).

But I'll bet that most of my readers are exactly the
kinds of people that end up buying retail copies of
Windows and installing them on many different machines
- or virtual machines, as I discussed above. Windows
Activation, introduced with Windows XP, insures that
you don't install the same copy of Windows on more
than one machine at a time. That's fine - annoying,
but fine. But clause 15 of the new Vista EULA -
"REASSIGN TO ANOTHER DEVICE" - goes way beyond that.

a. Software Other than Windows Anytime
Upgrade. The first user of the software may
reassign the license to another device one
time. If you reassign the license, that other
device becomes the "licensed device."

b. Windows Anytime Upgrade Software. The
first user of the software may reassign
the license to another device one time, but
only if the license terms of the software
you upgraded from allows reassignment.

As I read this, you go to the store and
buy a copy of Vista, which you install on
a PC you had in your office. A year later,
another PC becomes available that's a bit
more up to date, so you decide to transfer
your Vista license to that machine.

You're now finished with that Vista
license. Done. Game over, man. Whether you
shelled out $199 for Home Basic or broke
the bank with the $399 Ultimate makes no
difference. You've reassigned the license
twice, and that's all that Microsoft allows.

If you listen to pro-Microsoft journo Paul
Thurrott (whose protestations of fairness and
openness are about as accurate as those I hear
from FOX News), this has always been the case
(http://www.winsupersite.com/showcase/winvista_licensing.asp):
"The Windows XP EULA appears to implicitly
allow infinite transfers because it doesn't
explicitly explain how many times one
might transfer a single copy of XP. As
it turns out, infinite transfers wasn't
the intention." Ohhhhh! How silly of the
thousands and thousands of people who read
"You may move the Product to a different
Workstation Computer. After the transfer,
you must completely remove the Product
from the former Workstation Computer," in
the Windows XP Professional EULA and then
actually took what it said at face value!

C'mon. How stupid does Thurrott - and
Microsoft, who fed him this line of bull -
think we are? They can attempt to rewrite
history all they want, but that doesn't
erase the truth: Microsoft is limiting,
in a ruthless fashion, what security
professionals and other users can do with
the operating systems they buy. Ed Bott's,
"Get facts, not spin, about Vista's new
license (http://blogs.zdnet.com/Bott/?p=158)"
exposes the lies and misperceptions coming
from Redmond and its shills for what they are,
and I urge you to read his piece. What's the
result of Microsoft's actions? Less freedom
and much higher costs to end users. And,
I'll add, a further lowering of respect
for Microsoft.

If you thought that the legal troubles the
company faced in the late 90s would perhaps
mellow it out, you were wrong. Far from
it. The draconian limitations I've discussed
could only be enacted by a monopoly unafraid
of alienating its users, as it feels they
have no other alternative. Microsoft may
yet learn, however, that there are limits
to what its users will bear.

To paraphrase what my fifth-grade teacher
often told his rambunctious class, "Beware
the wrath of a patient user base." Security
pros have already given Microsoft a deserved
black eye over the never-ending string of
gaffes and vulnerabilities streaming out of
the company. It seems now as though another
black eyes and a bloody nose may be coming,
along with a final wave goodbye. There comes
a point at which corporate hubris causes a
fall, and we may be seeing the beginning of
that collapse. If so, Microsoft will have
no one but itself to blame.

Scott Granneman teaches at Washington
University in St. Louis, consults for
WebSanity, and writes for SecurityFocus and
Linux Magazine. His latest book, Hacking
Knoppix, is in stores now.

This article originally
appeared in Security Focus
(http://www.securityfocus.com/columnists/420).

Copyright © 2006, SecurityFocus
(http://www.securityfocus.com/) Related
stories

Windows DRM is the 'longest suicide
note in history' (27 December 2006)
http://www.theregister.com/2006/12/27/windows_drm_monstered/
Windows Trojan masquerades as Vista hack
(6 December 2006)
http://www.theregister.com/2006/12/06/windows_vista_trojan/
Vista's EULA product activation worries (22 November 2006)
http://www.theregister.com/2006/11/22/vista_eula_worries/
Free software still legal - judge (10 November 2006)
http://www.theregister.com/2006/11/10/gpl_wallace_appeal/
MS climbs down over Vista licensing (3 November 2006)
http://www.theregister.com/2006/11/03/ms_vista_climb-down/
Security firm punctures Vista's Patchguard (27 October 2006)
http://www.theregister.com/2006/10/27/patchguard_row_analysis/
Vista vouchers, a Reg round-up (27 October 2006)
http://www.theregister.co.uk/2006/10/27/vista_voucher_roundup/
Acer: Vista Home Basic is a lemon (27 October 2006)
http://www.theregister.com/2006/10/27/acer_slams_vista_home_basic/
Microsoft tells EC it will ship Vista (13 October 2006)
http://www.theregister.com/2006/10/13/ms_tells_ec_vista/
Java for Vista is rock solid, says Sun (11 October 2006)
http://www.channelregister.co.uk/2006/10/11/java_windows_vista/
Visual Studio fix foxed by Windows Vista (27 September 2006)
http://www.regdeveloper.co.uk/2006/09/27/windows_vista_visual_studio_2005/
Developing for Vista (22 September 2006)
http://www.regdeveloper.co.uk/2006/09/22/vista_for_developers/
MS Vista worth $40bn to EC economies (14 September 2006)
http://www.theregister.com/2006/09/14/microsoft_eu_idc/
Microsoft Canada spills Vista pricing (29 August 2006)
http://www.theregister.com/2006/08/29/ms_vista_canada/

© Copyright 2006

-- __________________________ http://www.mrbrklyn.com http://www.nylxs.com
- Leadership Development in Free Software

So many immigrant groups have swept through our town that Brooklyn, like
Atlantis, reaches mythological proportions in the mind of the world -
RI Safir 1998

DRM is THEFT - We are the STAKEHOLDERS - RI Safir 2002
http://fairuse.nylxs.com

"Yeah - I write Free Software...so SUE ME"

"The tremendous problem we face is that we are becoming sharecroppers
to our own cultural heritage -- we need the ability to participate in
our own society."

-------------------------------------------------

"> I'm an engineer. I choose the best tool for the job, politics be
damned.

You must be a stupid engineer then, because politcs and technology have
been attacted at the hip since the 1st dynasty in Ancient Egypt.

I guess you missed that one."


  1. 2006-12-01 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] Video Chip IP lawsuites
  2. 2006-12-04 rc <ray-pub-at-rcn.com> Subject: [NYLXS - HANGOUT] another kids article
  3. 2006-12-07 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] Copyright Society
  4. 2006-12-07 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] A Meeting NYLXS should make
  5. 2006-12-08 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] [bruce.lai-at-council.nyc.ny.us: E-Update for the Committee on Technology in Government of the New York City Council (December 8, 2006).]
  6. 2006-12-08 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] GNU/Linux jog - device drivers
  7. 2006-12-10 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] next NYLXS Meeting
  8. 2006-12-10 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] much entertainment for the tech savey
  9. 2006-12-11 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] Lebonese Wisdom
  10. 2006-12-12 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] vets for votes
  11. 2006-12-12 Contrarian <adrba-at-nyct.net> Re: [NYLXS - HANGOUT] next NYLXS Meeting
  12. 2006-12-12 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] [chief-at-freesoftwaremagazine.com: FSM newsletter: FSM Newsletter 11th of December 2006]
  13. 2006-12-13 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] [Fwd: [vox] [fwd] Newsletter from O'Reilly UG Program, December 11]
  14. 2006-12-13 Ruben Safir <ruben-at-mrbrklyn.com> Re: [NYLXS - HANGOUT] next NYLXS Meeting
  15. 2006-12-13 Ruben Safir <ruben-at-mrbrklyn.com> Re: [NYLXS - HANGOUT] NYLXS Meeting
  16. 2006-12-13 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] [Fwd: [suse-security-announce] SUSE Security Announcement: gpg
  17. 2006-12-13 rc <ray-pub-at-rcn.com> Re: [NYLXS - HANGOUT] next NYLXS Meeting
  18. 2006-12-13 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] [Fwd: Know of anyone intersted..]
  19. 2006-12-13 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] Google and Free Software AJAX
  20. 2006-12-13 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] [googlealerts-noreply-at-google.com: Google Alert - NY Mets]
  21. 2006-12-13 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] [linuxworldexpo-at-idg.com: Ignite Your Full Open Source Potential]
  22. 2006-12-15 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] xinetd
  23. 2006-12-16 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] [rebuild-at-twintowersalliance.com: Rare Opportunity to Be Heard]
  24. 2006-12-17 Michael L Richardson <mlr52-at-mycouponmagic.com> Re: [NYLXS - HANGOUT] [rebuild-at-twintowersalliance.com: Rare
  25. 2006-12-17 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] Google Books sidestep Adobe
  26. 2006-12-17 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] Free Software Media Centers
  27. 2006-12-17 Ruben Safir <ruben-at-mrbrklyn.com> Re: [NYLXS - HANGOUT] Free Software Media Centers
  28. 2006-12-17 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] Free Software discussion in full swing at www.cointalk.org
  29. 2006-12-18 From: "Paul Robert Marino" <prmarino1-at-gmail.com> Re: [NYLXS - HANGOUT] xinetd
  30. 2006-12-18 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] DVD quality video is now card dependent?
  31. 2006-12-18 Matthew <mph-at-dorsai.org> Re: [NYLXS - HANGOUT] xinetd
  32. 2006-12-18 Ruben Safir <ruben-at-mrbrklyn.com> Re: [NYLXS - HANGOUT] xinetd
  33. 2006-12-19 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] Re: LINUX System Coordinator - Wanted
  34. 2006-12-22 einker <eminker-at-gmail.com> Subject: [NYLXS - HANGOUT] Open-source leader leaving Novell for Google
  35. 2006-12-23 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] New Home Page
  36. 2006-12-23 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] Learner.org
  37. 2006-12-24 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] Fair Uses death rattle
  38. 2006-12-24 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] OCR Patents
  39. 2006-12-27 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] DRM is still theft..
  40. 2006-12-28 WWWhatsup <joly-at-dti.net> Subject: [NYLXS - HANGOUT] Meet Dave Winer today in NYC
  41. 2006-12-30 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] On to the next problem ....
  42. 2006-12-30 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] DRM Shattered in 8 DAYS
  43. 2006-12-31 Ruben Safir <ruben-at-mrbrklyn.com> Subject: [NYLXS - HANGOUT] [Fwd: Free/Libre Software Advocacy? I'm interested I live 50

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