[LINK] Microsoft EULA

[Chirgwin, Richard]

Sal, there have been some pointers on the Register to fuller analyses of the
EULA.

Malcolm, everyone's said this, but to add my voice. Whether I unplug the
machine is immaterial to whether Microsoft is trying to claim a right, by
"click ok", which oppresses the right of the consumer. It's saying 'to get
this update, you have to agree to MS accessing your machine.' That is out of
order.

Now, I can unplug the machine or turn-off the autoupdate or whatever. That's
not the point: the point is that by saying "No" I'm also restricted in my
future interactions with Microsoft. And if I say "yes" and then deny access
to my machine, I'm breaking the EULA (if it's accepted as valid and
enforceable).

Richard Chirgwin
-----Original Message-----
From: Saliya Wimalaratne
To: Malcolm Miles
Cc: link@www.anu.edu.au
Sent: 9/18/02 10:39 PM
Subject: Re: [LINK] Microsoft EULA

On Wed, 18 Sep 2002, Malcolm Miles wrote:

> On Wed, 18 Sep 2002 10:40:24 +1000 (EST), you wrote:
> 
> >Does the new EULA give you this right ? (to selectively apply
patches) ?
> 
> Even if it does give Microsoft the right to actively patch your PC, I
> am sure that I don't have any obligation to make it easy or possible
> for them to do so.

Hi Malcolm,

I think this is a bit of a leap-of-faith (given that you don't have
access to
the source code of application/process 'x' running on your machine :)
Short
of unplugging the machine from the network, it's extremely difficult to 
do this on *any* platform (and it's *harder* where you don't have
source). 

But I'm not asking whether you have an obligation to make it easy for
them;
I'm asking whether anyone knows whether the EULA is an 'all-or-nothing'
deal.

That is; can you apply patches as you see fit (while remaining within
the
terms of the EULA) or must you, once you have accepted the EULA, allow 
MS the ability to arbitrarily modify your computer as *they* see fit ?

Regards,

Saliya


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