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-- Uh oh. Bill Gates scheming again, this time with Vista?
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Uh oh. Bill Gates scheming again, this time with Vista?

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Law Bytes TheStar.com - Business - Vista's legal fine print raises red flags Vista's legal fine print raises red flags Jan 29, 2007 04:30 AM Michael Geist Vista, the latest version of Microsoft's Windows operating system, makes its long awaited consumer debut tomorrow. The first major upgrade in five years, Vista incorporates a new, sleek look and features a wide array of new functionality, such as better search tools and stronger security. The early reviews have tended to damn the upgrade with faint praise, however, characterizing it as the best, most secure version of Windows, yet one that contains few, if any, revolutionary features. While those reviews have focused chiefly on Vista's new functionality, for the past few months the legal and technical communities have dug into Vista's "fine print." Those communities have raised red flags about Vista's legal terms and conditions as well as the technical limitations that have been incorporated into the software at the insistence of the motion picture industry. The net effect of these concerns may constitute the real Vista revolution as they point to an unprecedented loss of consumer control over their own personal computers. In the name of shielding consumers from computer viruses and protecting copyright owners from potential infringement, Vista seemingly wrestles control of the "user experience" from the user. Vista's legal fine print includes extensive provisions granting Microsoft the right to regularly check the legitimacy of the software and holds the prospect of deleting certain programs without the user's knowledge. During the installation process, users "activate" Vista by associating it with a particular computer or device and transmitting certain hardware information directly to Microsoft. Even after installation, the legal agreement grants Microsoft the right to revalidate the software or to require users to reactivate it should they make changes to their computer components. In addition, it sets significant limits on the ability to copy or transfer the software, prohibiting anything more than a single backup copy and setting strict limits on transferring the software to different devices or users. Vista also incorporates Windows Defender, an anti-virus program that actively scans computers for "spyware, adware, and other potentially unwanted software." The agreement does not define any of these terms, leaving it to Microsoft to determine what constitutes unwanted software. Once operational, the agreement warns that Windows Defender will, by default, automatically remove software rated "high" or "severe," even though that may result in other software ceasing to work or mistakenly result in the removal of software that is not unwanted. For greater certainty, the terms and conditions remove any doubt about who is in control by providing that "this agreement only gives you some rights to use the software. Microsoft reserves all other rights." For those users frustrated by the software's limitations, Microsoft cautions that "you may not work around any technical limitations in the software." Those technical limitations have proven to be even more controversial than the legal ones. Last December, Peter Guttman, a computer scientist at the University of Auckland in New Zealand released a paper called "A Cost Analysis of Windows Vista Content Protection." The paper pieced together the technical fine print behind Vista, unraveling numerous limitations in the new software seemingly installed at the direct request of Hollywood interests. Guttman focused primarily on the restrictions associated with the ability to play back high-definition content from the next-generation DVDs such as Blu-Ray and HD-DVD (referred to as "premium content"). He noted that Vista intentionally degrades the picture quality of premium content when played on most computer monitors. Guttman's research suggests that consumers will pay more for less with poorer picture quality yet higher costs since Microsoft needed to obtain licences from third parties in order to access the technology that protects premium content (those licence fees were presumably incorporated into Vista's price). Moreover, he calculated that the technological controls would require considerable consumption of computing power with the system conducting 30 checks each second to ensure that there are no attacks on the security of the premium content. Microsoft responded to Guttman's paper earlier this month, maintaining that content owners demanded the premium content restrictions. According to Microsoft, "if the policies [associated with the premium content] required protections that Windows Vista couldn't support, then the content would not be able to play at all on Windows Vista PCs." While that may be true, left unsaid is Microsoft's ability to demand a better deal on behalf of its enormous user base or the prospect that users could opt-out of the technical controls. When Microsoft introduced Windows 95 more than a decade ago, it adopted the Rolling Stones "Start Me Up" as its theme song. As millions of consumers contemplate the company's latest upgrade, the legal and technological restrictions may leave them singing "You Can't Always Get What You Want." Michael Geist holds the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, Faculty of Law. He can reached at: [email protected] or online at www.michaelgeist.ca.

Sorry, couldn't find the link to the actual article.

http://www.thestar.com/article/175801

Good article.

I have actually been a big fan of XP. I do like Linux, and I know I will move to it someday if not soon. All these restrictions for Vista are actually what make me contemplate going to over to Linux.

In terms of the limitations they put on 'premium content', they are referring to its playback in full 1080p, high definition. Unless you use a HDMI cable using the HDMI 1.3 spec, you cannot play back movies in 1080p, and they will automatically play back in 720p. So, for the majority of PCs out there, that are not set up that way, they can never watch full HD on their Vista PC.

This is not new news, as it was discovered well over a year ago, that more that 95% of video cards or systems did not have the right licences to watch full 1080p "premium content".

They have actually done something very similar with audio as well. You cannot play back a secure file (one with DRM on it) over an insecure digital medium. So you just bought a tune off iTunes? If you have your PC hooked up to a stereo through a digital jack, you cannot play that DRM protected MP3 on your nice system. You would have to play it back over a different method.

Poo poo to MS for pulling this shit. Although I can see why they are doing it, since MS wants to control the living room and not only the office. They are willing to play along with the movie industry, and sooth their paranoid fantasies. I am not 100% certain of MS's intentions in the entertainment industry (yes make money, but how?), but I know the 360 has a lot to do with it.

done at finch station a couple of days ago.

the word LINUX has since been cut out, and now there is a rectanlge in the middle of the logo. apparently there was also one done in bloor station.

Awesome, I wanted to take a pic but I keep forgetting my camera. I walk by that almost everyday.

I just sent it to my friend who is working at M$ doing promotional work for Vista. I want to see what his manager's say.

Yeah, no Vista for me...slowly phasing over to linux...I wonder how many others will do the same

I think it's completely legitimate for Microsoft to check the legitimacy of a particular copy of Windows.

Defender, though, seems like a major violation of one's computer.

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Originally posted by Orko They have actually done something very similar with audio as well. You cannot play back a secure file (one with DRM on it) over an insecure digital medium. So you just bought a tune off iTunes? If you have your PC hooked up to a stereo through a digital jack, you cannot play that DRM protected MP3 on your nice system. You would have to play it back over a different method.

What's a digital jack, exactly?

I never had anything against Microsoft before, but Vista sucks.

When it's time to ditch my XP for a new OS, I'll be thinking long and hard between Linux and Vista. Seems while open-source software is becoming more and more widespread while still retaining it's flexibility and "openness", Windows is becoming more and more restrictive and less user-friendly.

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Originally posted by MaxTO Yeah, no Vista for me...slowly phasing over to linux...I wonder how many others will do the same

How easy is Linux to use?

I'm no technie or anything, but I'm not a complete noob when it comes to computers.

Right now i'm using my Mac and love it! I wonder when the new leopard is coming out?

But I'm getting my dad's old laptop to play around w/ so I might just try out linux on there.

I'm going to go with the chewy ranch edition.

mac os is pretty solid, and if it does everything you need so far, then there's not really a need for windows or anything else...

linux is not that easy to use because you have to understand a lot of underlying concepts in order to not set it up poorly... and with the power you have with it, not setting it up properly can make for more of a security risk than even windows

and the versions of it that are built for "ease of use" tend to not be very secure out of the box or have a lot of stuff bastardized from it

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Originally posted by exstasie How easy is Linux to use?

Not very. It's not for the faint of heart. I've been in comp sci for 3 years at UofT, where we've been using RedHat off and on in the courses, and I'm still not comfortable enough with it to use it at home. You really have to know what you're doing in Linux, because unlike Windows, it'll let you completely screw yourself over in terms of your configuration without complaining or raising any warnings.

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Originally posted by Cosmic Fur What's a digital jack, exactly? I never had anything against Microsoft before, but Vista sucks. When it's time to ditch my XP for a new OS, I'll be thinking long and hard between Linux and Vista. Seems while open-source software is becoming more and more widespread while still retaining it's flexibility and "openness", Windows is becoming more and more restrictive and less user-friendly.

For video+audio: HDMI
For just audio: SPDIF, which comes in the form of digital coaxial, or digital optical cables.

Even though DVI is a digital medium, it is an unsecure digital medium, and therefore no 1080p playback over it, even though the cable and monitors can handle it.

With HDMI 1.3 there is another security check to make sure it's real DRM protected content.

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Originally posted by Cosmic Fur Not very. It's not for the faint of heart. I've been in comp sci for 3 years at UofT, where we've been using RedHat off and on in the courses, and I'm still not comfortable enough with it to use it at home. You really have to know what you're doing in Linux, because unlike Windows, it'll let you completely screw yourself over in terms of your configuration without complaining or raising any warnings.

I agree, it was not as easy as I had hoped.

Installing drivers, trying it read my NTFS drives was just a pain and a half, and I gave up.

I'm getting a lesson from a friend on how to do all that later this, also on how to set up an Aphache +SQL server. Thats really the main reason I want to learn Linux.

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Originally posted by exstasie How easy is Linux to use?

The above responses are correct...

Installation was a breeze (I'm dual booting for now) no problems at all. Getting things to work how you want can be frustrating (ie. dvds, movies etc. don't play by default, you have to download/install codecs). Although I have what I need working right now, I've got a loooong way to go before I'll be comfortable using it (main reason why I dual boot...in case of emergency, fall back on winxp).

I'd recommend browsing through faqs/docs or getting a hold of book(s) for your particular distribution and reading them beforehand, you'll probably find quite a few useful tips.

sounds good guys..

I'll stick to my Mac and XP!

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Originally posted by exstasie sounds good guys.. I'll stick to my Mac and XP!

Yea, I don't think any operating system beats XP right now.

U already can get pirated copies of Vista in the streets of Mexico City for about $10.

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Originally posted by Ub3rBreaker U already can get pirated copies of Vista in the streets of Mexico City for about $10.

NICE!! whaddup!

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Originally posted by Ub3rBreaker U already can get pirated copies of Vista in the streets of Mexico City for about $10.

You can get shot for about the same price too.

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Originally posted by Cosmic Fur You can get shot for about the same price too.

nah, that comes included

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Originally posted by Cosmic Fur You can get shot for about the same price too.

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Originally posted by Cosmic Fur I guess the important thing is that you TRIED to be funny. Maybe next time.

So everybody is complaining about Vista adopting DRM - but I don't hear anybody offering up any other legitimate alternative solutions or implementations of DRM.

I think you're all just going to have to suck it up and realize that DRM is here to stay (we've been spoiled in not having it early in digital media's lifespan) and that moving forward DRM is going to be a very big part of our lives.

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Originally posted by rabbitjoker So everybody is complaining about Vista adopting DRM - but I don't hear anybody offering up any other legitimate alternative solutions or implementations of DRM. I think you're all just going to have to suck it up and realize that DRM is here to stay (we've been spoiled in not having it early in digital media's lifespan) and that moving forward DRM is going to be a very big part of our lives.

I do not think it's a question of being spoiled nor DRM's ligitamacy.

My problem with all this comes from the fact that you buy media, but cannot use it, or play it on your own equipment which is technically capable of playing it. My computer has the capability to play highdef content, but they say I have to get a new monitor, and new video card with the proper security. How is that at all fair?

What happened to fair use? Why is it that you cannot play a protected Mp3 on any computer, or transfer it to any other file format? You paid for the music, and therefore should be able to do with it what you want (meaning playing and converting, not pertaining to selling or sharing).

When you buy a book, which can be easily copied, they do not state that you have to read it in a controlled, monitored room, so that you cannot scan it.

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Originally posted by Cro_Addict

touche.




































Bastard.

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