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Windows Secrets Newsletter • Issue 110 • 2007-06-07 • Circulation: over 270,000 |
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Contents INTRODUCTION: Readers win a Housecall from Fred Langa TOP STORY: A crusade against bad EULAs KNOWN ISSUES: Get OEM discounts when you upgrade your PC WACKY WEB WEEK: See the end of the world in 90 seconds WOODY'S WINDOWS: Vista time-saver #7 — resize pictures quickly PERIMETER SCAN: Firefox is becoming a more important target KNOWN ISSUES 2: More ways to get Microsoft products discounted YOUR SUBSCRIPTION: How to change your address or unsubscribe |
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For links to every subtopic in this issue, scroll down to the
Index |
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INTRODUCTION Readers win a Housecall from Fred Langa
Many applied, four were chosen 
I announced in the
Apr. 19 newsletter that Fred (at left in riding gear) was taking a sabbatical.
He certainly deserves a break, after 10 years of writing for
the LangaList (and Windows Secrets, after the two newsletters
merged in November 2006).For Fred, taking a break means riding his beloved motorcycle across the United States and back across Canada. He said he'd choose four readers to visit during his journey, tuning up their PCs and listening to their tales of woe with Windows. More than 3,000 readers applied to receive a Housecall. Out of the pleas that our readers submitted, Fred selected four cases where he thought he could be of help. The winners are:
Brian Livingston is editorial director of WindowsSecrets.com and the co-author of Windows Vista Secrets and 10 other books. |
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TOP STORY A crusade against bad EULAs
Bad EULAs are anticompetitive Foster's chief gripe against EULAs is their anticompetitive nature. "One of the most insidious clauses, and one that is always there, is the prohibition against reverse engineering," says Foster. "Every software uses it." Foster cites the case of Blizzard v. BnetD, in which three programmers created an open-source software product that allowed users to play Blizzard games on their own set of servers rather than on Blizzard's Battle.net service. In this case, the court stood by the EULA and suppressed the BnetD software, even though (as Foster reported), it does not violate any copyright. The problem is that "the EULA doesn't define reverse engineering. It just stops you from studying the product to make a better one — even if you don't look at the code," says Foster. "Just looking at what the software does can be considered reverse engineering." EULAs also censor consumer reviews Other EULAs attempt to censor users from publishing evaluations of the product. For example, a few years ago, Foster documented a clause in the McAfee VirusScan license agreement that stated, "The customer shall not disclose the results of any benchmark test to any third party ... and will not publish reviews of the product without prior consent from Network Associates." Fortunately, New York Attorney General Elliott Spitzer took McAfee to court and won. That, however, has not stopped others (including Microsoft) from trying the same thing: The EULA for Vista Home Premium states that you have the right to conduct benchmark testing and that "you may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at [Microsoft's Web site]." In his column, Foster noted that although the terms are relatively reasonable, the EULA restriction itself is tied to a specific Web page that can be changed at any time. Moreover, he notes that EULAs for other Microsoft products, like SQL Server or Visual C++, have been using censorship clauses for years. "Those clauses have never been enforced by the courts that I know of," Foster told me. "But they still have a chilling effect. Who wants to be the one to challenge Microsoft?" Bad EULAs are anticonsumer EULAs aren't just bad for the software industry. "The basic EULA mentality makes it hard for the customer to know what the real deal is," Foster says. "What are the real terms of the deal? Do you have a warranty? What kind? Are there any limitations on usage? Can you resell it?" Consumers are expected to read thousands of words of legalese just to know their rights and limitations. As an example of anticonsumer behavior, Foster recalls the EULAs in the case of Gateway Computers, which was sued in 1995 for selling a computer with components that were not as advertised. But as he noted in his May 2005 article, the arbitration clause of the license agreement required the parties to pay a nonrefundable US$2,000 to involve an arbitration body in France — more than the original product was worth. EULAs attempt to legitimize spyware "Probably the most outrageous example is the whole spyware phenomenon," Foster says. "If spyware had always simply been the criminals, the guys in Russia purveying software, it never would have become the problem it did." According to Foster, spyware became a problem because companies like Claria/Gator, WhenU, and DirectRevenue use EULAs to gain customer "consent" when installing pop-up adware. Unfortunately, most consumers aren't aware of the license or what its language means when they click their agreement to the license and installation. One egregious example is the case of FriendGreetings.com, which required users to download and install a reader to see its electronic greeting cards. Customers had to consent to two seemingly harmless license agreements, the second of which stated that the company would be using the customer's Outlook contact list to send encouragements to download the software. As if accessing your Outlook contact list wasn't enough, Foster reported in a Nov. 1, 2002, article that the software "also apparently deposited several spyware/adware agents that needed to be sought out and eradicated before they caused trouble." In a Dec. 2004 article on this subject, Foster composed what he would consider an honest adware notice:
Foster has never understood the need for a license agreement. "Copyright law applies to software whether you have a EULA or not," he points out. "You don't need a EULA to keep people from infringing on your copyright. The documents are trying to make us all become lawyers in order to buy software. At the same time, it's not really doing anything to protect the basic copyright on the software, which would be there regardless." His contention is supported by Circular 61 from the U.S. Copyright Office, which states that "copyright protection extends to all the copyrightable expression embodied in the computer program." Naturally, some aspects of software (like ideas and logic) cannot be copyrighted, but that holds true for books and all other copyrightable products as well. Foster has written more on this topic on his Gripe Line site. What can be done? Lucky for us, Foster has not sat around waiting for others to improve the situation. He belongs to Americans for Fair Electronic Commerce Transactions (AFECT), which is associated with the FairTerms Web site, and has joined forces with those trying to block industry-supported legislation like UCITA (Uniform Computer Information Transactions Act) that would give EULAs even more power. In addition, he started a Wiki site with a EULA library, where users can post examples of good and bad EULAs. He has also drafted a FEULA, or fair EULA, to serve as a model for software developers. But what should the rest of us do? I asked Foster what he thought of EULA analyzing tools, such as the free EULAlyzer from Javacool Software. EULAlyzer looks for keywords and attempts to alert the user to undesirable behavior or unexpected requirements in the license. "Conceptually, I think it's certainly a good idea," he said. But, he adds, it depends on what issues the analyzer is looking for. In addition, "if the EULAlyzer finds one way of phrasing it, they [software companies] will find another way to phrase it. They can make them as obscure as they want to, and they do." Another way to avoid problem agreements is to use open-source software, a practice Foster has advocated in his column:
Scott Dunn is associate editor of the Windows Secrets Newsletter. He is also a contributing editor of PC World Magazine, where he has written a monthly column since 1992, and co-author of 101 Windows Tips & Tricks (Peachpit) with Jesse Berst and Charles Bermant. |
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KNOWN ISSUES Get OEM discounts when you upgrade your PC
OEM Preinstallation Kit (OPK) not always required The May 24 issue suggested that if you buy a single copy of the OEM version of Windows, you need to join the Microsoft Partner program to obtain a special kit to install it. But reader Sean Toner writes in with a correction:
Refurbishers are also 'system builders' Concerning the topic of who qualifies as a "system builder" and, therefore, for an OEM discount, Chris Miller writes:
Certainly, that would include changing any of the components you listed. See the item below for more details. Repairing a broken PC doesn't invalidate OEM license Reader Brett Sheaffer is concerned that he might have discovered another restriction on OEM software:
Moreover, Microsoft has addressed this issue in the Channel Discussion Guide (the full title being "Discussion Guide: Clarifying Proper Windows Desktop OS Licensing"). Page 2 clearly states that "If the motherboard is being replaced because of a defect, a new OS license is not required." [Emphasis added.] The only time a new OS license is required is when hardware refurbishing is done for reasons other than a defect (for example, adding memory or getting a faster motherboard). ZoneAlarm is still not Vista ready Regarding the security products we listed in the May 24 issue, a number of readers echoed the concern expressed by reader Alan Horton:
For those who want a Vista-capable security solution now, the runner-up we mentioned in the article, Norton Internet Security 2007, supports Windows Vista as of February 2007, according to the product FAQ. In the paid version of today's newsletter, you'll find more solutions to subscription subterfuge, the topic of our May 17 story on companies that automatically sign you up for credit-card renewals. You'll also find a new way to save big on Microsoft software via the Microsoft Partner Program. |
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WACKY WEB WEEK See the end of the world in 90 seconds
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EDITOR'S BOOKSHELF
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YOUR SUBSCRIPTION The Windows Secrets Newsletter is published weekly on the 1st through 4th Thursdays of each month, plus occasional news updates. Vacation breaks occur in late August, Thanksgiving Week, and Christmas/New Year's. Publisher: WindowsSecrets.com, Attn.: #120 Editor, 1700 7th Ave., Suite 116, Seattle, WA 98101-1323 USA. Vendors, please send no unsolicited packages to this address (readers' letters are fine). Editorial Director: Brian Livingston. Editor-at-Large: Fred Langa. Associate Editor: Scott Dunn. Contributing Editors: Susan Bradley, Mark Edwards, Woody Leonhard, Chris Mosby, Ryan Russell. Research Director: Vickie Stevens. Program Director: Brent Scheffler. Managing Editor: Jody Braverman. Trademarks: Microsoft and Windows are registered trademarks of Microsoft Corporation. The Windows Secrets series of books is published by Wiley Publishing Inc. The Windows Secrets Newsletter, WindowsSecrets.com, LangaList, LangaList Plus, WinFind, Security Baseline, Patch Watch, Perimeter Scan, Wacky Web Week, the Logo Design (W, S or road, and Star), and the slogan Everything Microsoft Forgot to Mention all are trademarks and service marks of WindowsSecrets.com LLC. All other marks are the trademarks or service marks of their respective owners. HOW TO SUBSCRIBE: Anyone may subscribe to this newsletter by visiting our free signup page. WE GUARANTEE YOUR PRIVACY: 1. We will never sell, rent, or give away your address to any outside party, ever. 2. We will never send you any unrequested e-mail, besides newsletter updates. 3. All unsubscribe requests are honored immediately, period. Privacy policy HOW TO UNSUBSCRIBE: To unsubscribe from the Windows Secrets Newsletter,
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