Using GAIM a breach of the MSN EULA?

[jamyskis]

Ì know that this is probably not new knowledge, but what the hell...

I use the MSN network. I hate using it, but unfortunately my less computer-literate friends insist on using that and nothing else. I still have my Hotmail account from years past which I use to access it. I was trying to create a new Windows Live account to at least avoid using an Hotmail account (it's so old that I couldn't transfer the e-mail address) when I stumbled onto something in the EULA (which you should always read through in the case of Microsoft):




In using the service, you may not:
use the service in a way that harms us or our affiliates, resellers, distributors, and/or vendors (collectively, the “Microsoft parties”), or any customer of a Microsoft party;
use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
use any unauthorized third party software or service to access the Microsoft instant messaging network (currently known as the .NET Messenger service);



So basically using GAIM can get you legally thrown off the network. Has anyone found any info on where we stand with this? I can well imagine that the same issue exists with ICQ, Yahoo and AIM...

[dbbolton]

how would they know what software you employ? couldn't a proxy prevent that if possible?

[earobinson]

simple come out with a patch that when the msn server sends you a "who are you" packet msn sends "msn" true gaim would get updated in time to reflect this but it would get us all the day of.

I doubt MS bothers to enforce this however

[SunnyRabbiera]

Well you know trillain doesnt use permission :D

[jamyskis]

Well you know trillain doesnt use permission :D

True but ******* users have the option of using MSN "legally" :p

[kuja]

Hm, I don't know about anyone else here, but I signed up a long time ago, and never agreed to the Windows Live EULA, I wonder if it had a statement like that in it before. Anybody know?

[OffHand]

Who cares? They will not come knock on your door or something.

[John T. Monkey]

Hm, I don't know about anyone else here, but I signed up a long time ago, and never agreed to the Windows Live EULA, I wonder if it had a statement like that in it before. Anybody know?

I could be wrong, but I think there would have been a clause in there saying they could change the terms at any time without notice and so on... and I'm sure they've dine that if they have to. If not there will be some loophole that would work in their favour should they want to persue that. But I signed up years and years ago too.

I do have MSN 7.5 on my Windows computer still, but I've been using other software on both Windows and Linux for years (GAIM, Kopete, aMSN, Trillian...) and never had a problem.

I think the thing that annoys me most about the officiaL MSN is the little ads. Apart from that it's fine. It does the job it's there for.

Also, at the end of the day, surely it works better for them to have people on there with different software if they won't use the official, so they atleast have them on the network. If your friends weren't on there, then you wouldn't use it!

[skymt]

Notice that the applicable line in the EULA disallows "unauthorized" 3rd party clients. Gaim and Trillian are very popular applications. It wouldn't surprise me if Microsoft has specifically authorized them.

[paul cooke]

I could be wrong, but I think there would have been a clause in there saying they could change the terms at any time without notice and so on... and I'm sure they've dine that if they have to. If not there will be some loophole that would work in their favour should they want to persue that. But I signed up years and years ago too.

they always do. They have a link to the terms of use and it's web based, and always subject to change. The get out clause they use against you is that it's up to you to check the terms of use and continued use after a change has been made is deemed to be acceptance of the new terms.