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View Full Version : Some questions that I need answered about the Windows EULA



Grant A.
February 25th, 2009, 11:13 PM
Well, I was talking to my friend when he said some pretty interesting things to me about the Windows EULA, while I did not see any clauses talking about this, he had said that:

1) Microsoft owns everything created on a Windows computer, pictures, codes, etc.

2) Microsoft does not protect the end user against litigation from patents that Windows infringes.

Are these true?

kidux
February 25th, 2009, 11:21 PM
Did you google the EULA?

Grant A.
February 25th, 2009, 11:22 PM
Did you google the EULA?

I read it during the install, but I didn't see these myself, I'm just curious if I may have skipped over something. A second opinion never hurts. ;)

maybeway36
February 25th, 2009, 11:23 PM
#1 sounds illegal. As for #2, I don't think any court would find the end user guilty in such a scenario.

tom66
February 25th, 2009, 11:25 PM
I know that if there is some problem with the software which causes you business interruption, money loss, etc. then you can sue them for $5.00 OR the cost of the software, whichever is greater. I don't think Microsoft has any rights over what you create on your computer. IANAL, but that would probably be virtually unenforceable. Don't know about the patents thing.

Sealbhach
February 25th, 2009, 11:26 PM
It can't be any worse than the Chakra Linux disclaimer:

http://chakra-project.org/disclaimer.html


.

Grant A.
February 25th, 2009, 11:42 PM
Oh, ok. Thank you for the information. :)

swoll1980
February 25th, 2009, 11:42 PM
I think you would have to be a contract lawyer to really truly understand these things.

Twitch6000
February 26th, 2009, 12:42 AM
#1 sounds illegal. As for #2, I don't think any court would find the end user guilty in such a scenario.

+1 to this...

#1 would for sure be illegal and #2 they would go after microsoft themself before any end user...

SuperSonic4
February 26th, 2009, 12:44 AM
It can't be any worse than the Chakra Linux disclaimer:

http://chakra-project.org/disclaimer.html


.

Damn, but what if my pc was damaged by artillery fire :(

t0p
February 26th, 2009, 01:10 AM
Well, I was talking to my friend when he said some pretty interesting things to me about the Windows EULA, while I did not see any clauses talking about this, he had said that:

1) Microsoft owns everything created on a Windows computer, pictures, codes, etc...


This sounds similar to a clause Google included in an early EULA for their Chrome browser. Google removed it after receiving complaints. But if no one had complained, would Google have bothered changing it?

It does sound like an unlikely clause. But Microsoft have done unlikely, unacceptable stuff in the past. I wouldn't put anything past them! </adjusts tinfoil hat>

jenkinbr
February 26th, 2009, 01:23 AM
It can't be any worse than the Chakra Linux disclaimer:

http://chakra-project.org/disclaimer.html


.

HaHa - I love it! :popcorn:

"the riders of nazgul" ftw! :lolflag:

jimmyhacker
February 26th, 2009, 01:32 AM
It can't be any worse than the Chakra Linux disclaimer:

http://chakra-project.org/disclaimer.html


.

Man i just pissed on my pants.such a disclaimer :lolflag::lolflag::lolflag::lolflag::lolflag::lolf lag::lolflag: loooool thats really funny.

jonathonblake
February 26th, 2009, 01:48 AM
1) Microsoft owns everything created on a Windows computer, pictures, codes, etc.

That is not a _general_ clause in their EULA. A similar clause was included in the EULA of a business application that was released circa 2000. Whilst Microsoft did remove that clause in a later release of the affected software,lawyers from several companies had to intervene, to get it changed.


protect the end user against litigation from patents that Windows infringes.


Based one the EULAs I've read, whilst that is not technically true, for all practical purposes it is true. (The indemnification is for such a low amount, that it is not cost-effective to pursue.)

I am not a lawyer. This is not legal advice.

jonathon

phrostbyte
February 26th, 2009, 04:01 AM
+1 to this...

#1 would for sure be illegal and #2 they would go after microsoft themself before any end user...

#1 is definitely not illegal, if you go with the interpretation that an EULA is always a legal binding contract (of course that's debatable).

In the 1970s laws were changed such that a simple contract is all it takes to sign everything you make copyright-wise. For instance in Facebook any images you upload to them become their legal IP (yeah, technically you aren't allowed to make copies of your own photos after uploading them to Facebook - you would be violating Facebook's copyright), and everything in your profile is owned by them. You agreed to these terms when you made an account. If these terms actually constitute a real contract, then really that's all they need.

Grant A.
February 26th, 2009, 04:09 AM
#1 is definitely not illegal, if you go with the interpretation that an EULA is always a legal binding contract (of course that's debatable).

In the 1970s laws were changed such that a simple contract is all it takes to sign everything you make copyright-wise. For instance in Facebook any images you upload to them become their legal IP (yeah, technically you aren't allowed to make copies of your own photos after uploading them to Facebook - you would be violating Facebook's copyright), and everything in your profile is owned by them. You agreed to these terms when you made an account. If these terms actually constitute a real contract, then really that's all they need.

Does Windows do this? :o

phrostbyte
February 26th, 2009, 04:12 AM
Does Windows do this? :o

I don't think it does. That would cause a major uproar and in Microsoft's case because of their position in the market they would be anti-trust sued out of existence by the government, by individuals, by companies, by small pets, etc..

So my answer: probably not.

-grubby
February 28th, 2009, 07:07 AM
:lolflag::lolflag::lolflag::lolflag::lolflag::lolf lag::lolflag

why?!?!?!

MikeTheC
February 28th, 2009, 08:22 AM
Damn, but what if my pc was damaged by artillery fire :(

If you're standing that close, then watch out for shrapnel!

Just remember: INCOMING FIRE ALWAYS HAS THE RIGHT-OF-WAY.

mister_pink
February 28th, 2009, 12:34 PM
If #1 were true then no business ever would use Windows. It simply can't be - it would mean Microsoft basically owned every idea/invention/anything done on any computer in the last 20 years. Home users might never read the EULA, but I'm pretty sure a business checks it out and would think twice before signing away all their IP.

forrestcupp
February 28th, 2009, 03:36 PM
For instance in Facebook any images you upload to them become their legal IP (yeah, technically you aren't allowed to make copies of your own photos after uploading them to Facebook - you would be violating Facebook's copyright), and everything in your profile is owned by them.

Well, everyone probably has heard by now that Facebook was pretty much forced by the community to change that. So that doesn't really apply for Facebook anymore.

Windows' EULA doesn't say that they own everything that will ever be created on your computer. What your friend may have misunderstood is that they do own all of the content (pics, audio, etc.) that comes with Windows.

And of course MS is going to protect themselves from having to defend all of their users from legal action. That kind of self preservation is common practice in any contract. Ubuntu wouldn't be able to protect every user in a legal battle, either.

jonathonblake
February 28th, 2009, 07:29 PM
I'm pretty sure a business checks it out and would think twice before signing away all their IP.

Unless a company has a formally defined process, that includes a step that requires a lawyer to go through the EULA, prior to software being installed, software will be installed, with the EULA simply being clicked through, regardless of what it says.

When I was an admin for a now defunct but then medium sized company, I had my boss sign a note stating that he was taking full responsibility for the acceptance of the EULA of any software I installed for him. I always clicked thru it, rarely bothering to read it. He never asked me what the EULA said.

Regardless of what a company claims their EULA means, my working assumption is that what it really means is:
* Regardless of what happens, the software creator is not responsible;
* If you sue the software creator you will lose;
* If the software creator doesn't like what you do with the software, you will be sued;
* If the software creator sues you, you will lose;

jonathon