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Shibblet
December 28th, 2020, 09:28 PM
How does an EULA apply when a user has not, or can-not agree to said EULA.

For example: I have to use a Windows 10 computer at work, because that's what they choose to use. I log into this computer on a daily basis, but have NEVER agreed to, or even seen the EULA for Windows 10 on this computer. Yet, because of my job, I am required to use this computer...

Is it assumed that I am using this computer within the Windows 10 EULA? Is it because my place of employment has agreed to such terms, and as an employee I am bound to the same terms?

I know this is a difficult question, but I was hoping to hear from some of the "free software" people out there on this subject.

Thanks!

QIII
December 28th, 2020, 09:35 PM
If you are in the US when using the OS, at work or on your own computer, you are bound by the EULA and its provisions.

What you might potentially violate in the EULA on a work computer might be a bit hard to find, as the bulk of the EULA deals with who owns the software. But your employer most likely has acceptable use policies in place to keep them from potential liability and those you are certainly bound to.

mastablasta
December 29th, 2020, 10:26 AM
i never read those. because whatever they write in there doesn't matter much, if it is against country law. only the country law applies.

so lets say it say that software should not be used to create malware or break into systems. then it is used by state actor just for that. i haven't seen a single ban of state use of Windows for that reason.

maybe it states that if i agree, they would own my shadow. i can say OK to that, but legally they can't own it anyway so their statement doesn't matter.

grahammechanical
December 30th, 2020, 12:36 AM
A company buys computers on the recommendation of its IT department. The machines come with an OS and applications pre-installed. Has the board of directors read the EULA? Has the board of directors clicked the accept button? I have little respect for managers, especially those recruited as university graduates.

Some years ago I worked for a major UK high street retailer. Computers were installed in every store. My supervisor gave me administrator access. Browsing the file system I found some Microsoft apps including a simple word processor. A member of the management team caught me using the word processor and claimed that I should not be using it as I had not been given training! She saw me as an ignorant warehouse man. That was my job description. So, what could I know about anything. My employer had paid licence fees for these apps and we were not allowed to make use of them.

My advice? Use the "I was only obeying orders" defence.

Regards

QIII
December 30th, 2020, 12:55 AM
Again: "What you might potentially violate in the EULA on a work computer might be a bit hard to find ..."

If you read through the EULA, there isn't much, if anything, you can violate by using a work machine as a rank and file employee. Virtually everything would fall on management and members of the IT department.

"Not being trained ..." is an employer policy thing, not a EULA violation.

remy-wehrung
January 27th, 2021, 06:49 AM
It all depends on the setting: is it a high-tech company? the CTO has signed agreements with Microsoft? Do you use specific software for Windows, without any equivalent in Linux?

Shibblet
January 27th, 2021, 10:44 PM
It all depends on the setting: is it a high-tech company? the CTO has signed agreements with Microsoft? Do you use specific software for Windows, without any equivalent in Linux?

Yeah. I'm a Graphic Artist, and the Adobe Suite is really great software. I've been doing this for over 25 years, and the "free" or "open source" alternatives are not bad.

Gimp is a great replacement for Photoshop
Inkscape is a good replacement for Illustrator
Scribus is a sad replacement for InDesign

My solution at this point is to run Windows 7 in a VM in order to use these programs when needed. I purchased Adobe CS6 many years ago.
I think it was around $600 for the whole suite at the time. They really haven't added or changed much to their Creative Suite at this point, so I can't justify paying the monthly fee for software that hasn't REALLY been updated that much. Plus, if I did, I'd end up paying $70 / month, which is $840 / year. For that price, I just stick with what I have.

remy-wehrung
January 28th, 2021, 02:59 AM
I am for simplicity: asked the CTO, in writing (legal trace), the possibility of putting a Linux station, apart from your professional network, to put network security, so as not to annoy others, so you go about your occupations and if there are intrusion attempts you are covered, since isolated, but active

Shibblet
January 28th, 2021, 08:14 PM
I am for simplicity: asked the CTO, in writing (legal trace), the possibility of putting a Linux station, apart from your professional network, to put network security, so as not to annoy others, so you go about your occupations and if there are intrusion attempts you are covered, since isolated, but active

As much as I love this idea... It's unfortunate that most employers will say things like "Who cares, just use your computer the way it is... we all do it, why can't you." Because they either don't understand the implications of this concept, or more likely, don't care.

And most employees aren't going to fuss with this, because they don't want to be problematic, and potentially lose their job to someone else who would not say a word about it, again, because they either don't understand, or more likely, don't care.

It's kind of like buying software. If you install the software you purchased, and don't agree to the EULA, then you must uninstall the software and return it to the manufacturer... Employees are no different. If an employee says "I don't agree to using Windows on my work PC." Then the boss promptly terminates the employee and gets a new one that will.

remy-wehrung
January 29th, 2021, 09:57 AM
As CIO, I do not accept an unknown computer on my private network, it is the very basis of computer security, be aware of your work, or we do nothing, if so, the employee is invited to leave. Normally your CTO should ask