News - Microsoft fires warning to Windows 7 pirates

[Piggie]

Do you think that people running the Evaluation Windows 7, when we get near the release date will be offered a special deal on a licence key (no physical media involved) so we can download the final version and using our key carry on as normal?

[Splash]

Do you think that people running the Evaluation Windows 7, when we get near the release date will be offered a special deal on a licence key (no physical media involved) so we can download the final version and using our key carry on as normal?

Anyone running the current release of Windows 7 isn't using it for evaluation - it's an RC build. Things *will* be different, and I would be extremely surprised if it could be just patched to the RTM release when it happens. So no, I can't see it happening.

[Piggie]

Anyone running the current release of Windows 7 isn't using it for evaluation - it's an RC build. Things *will* be different, and I would be extremely surprised if it could be just patched to the RTM release when it happens. So no, I can't see it happening.

Well, I didn't really mean that

What I meant was that MS knows it had a large pre installed market and it MIGHT be a good idea to keep all the current "Evaluation" users on board (so they don't go running back to XP or try and get a pirate version) to offer people a good price with a licence key and secure download link so we can buy, download and reinstall the final version and carry on as happy "Legal" Windows 7 users (as it were)

[Splash]

Why would they though? If they announced it then surely everyone would just grab a (free) RC1 key in order to get a cheap copy of RTM?

[this_is_gav]

We all evaluated Vista, yet we didn't get a free Vista final license for using that OS for free. It's not going to happen. Ever.

The best you can hope for is that they rerun the 'genuine bug-reporters get a free OEM license' promo again (quite unlikely given the PR Win 7 already has and the sheer volume of testers), or that they do the 'promo survey' on release day, also done on Vista release day (which I got lucky in).

[Piggie]

I think my question has got a bit mixed up here.
I never even contemplated the fact that you would get a free key or a free version or a silly price version!

I only wondered as all the people running the Evaluation copy were a kinda (Captive Market, ripe for the plucking - so to say) when the time comes, through some kinda update/notification we might be given the oppertunity to purchase one of the full versions for a slightly better price than buying it thru other means (aka going down the shops and buying a pretty boxed version on DVD)

[badass]

So bring a test case to court and prove it?

No. I'll just use my technet plus subs and use whatever version of windows I please for as long as I want. Why would I risk millions to simply score a point against microsoft.

No, it's *licensed* - hence you need to agree to the EULA prior to use.

*licensed* or *rented* or *anything else* I really don't care about. If I rent something, I can't use it after the rental period is over. If I pay to buy something, I don't care what the License agreement says. Restricting what I use it for is unreasonable IMO and I believe software should be treated in the same way as something physical that I pay for.
The only area where I consider it reasonable to place restrictions on use is the copying (of software/IP) or broadcasting (of e.g. movies etc)
Everything else is a load of **** and about the creation of artificfial markets.

[badass]

For what it's worth, I've had this discussion with a number of lawyers over quite a long period, including with an IP specialist and, admittedly a good few years ago and the law may have changed since, with a Law Lord.

My (non-lawyer) opinion, based on what they've said, is that it's an area with a fair bit of ground for contention but that, by and large, EULAs in general are enforceable. There's a fair bit of precedent to support that view, though not necessarily in relation to software.

It is certainly not the case that any old ridiculous conditions could simply be imposed, if for no other reasons than that there are statutes limited unfair contract terms, but even if such terms were included, and half-competent contract is likely to limit the effect of such conditions being unenforceable to those specific conditions without voiding the whole contract.

But their opinion was most certainly that, as a general principle, limiting the actions of the licencee via a EULA is enforceable in general and most likely, in software products too. But they also said that the only way to be really sure would be either when statute nailed it down for a certainty, or more likely when a body of precedent built up in relation to software EULAs and, as far as I'm aware, that has yet to happen.

However, personally, I certainly don't intend to be the one footing the legal bills for challenging MS's lawyers over the issue.

I believe that EU laws of restricting the sale of second hand goods are incompatible with OEM licenses from microsoft, however i'll admit I still havent found links to the articles citing this legal opinion (that will remain nothing more than opinion until either tested or further legislated.

[burrellhead]

all they need to do is cut the prices and the piracy would go down because its not that they like using the pirate windows it that is free if it went down im sure they wouldnt mind paying for abit yes maby piracy would still go on but it wouldnt be as big.

its the same with itune it cost lyk £0.75 for one song its to much

[Splash]

No. I'll just use my technet plus subs and use whatever version of windows I please for as long as I want. Why would I risk millions to simply score a point against microsoft.

Because that's how you change things? Simply deciding that you disagree with something and deciding that it's ok isn't the way things work - if you disagree with the law you challenge it through the relevant channels, rather than just deciding that the law doesn't apply to you.

Either you have the courage in your convictions or you don't.

[goku127]

If they reduced the cost of Windows then there would be less pirate copies. Whatever ways Microsoft creates to protect their software, there would always be a way to hack into it. Microsoft should find out why people use pirate copies and then create a solution based on that.

[badass]

Because that's how you change things? Simply deciding that you disagree with something and deciding that it's ok isn't the way things work - if you disagree with the law you challenge it through the relevant channels, rather than just deciding that the law doesn't apply to you.

Either you have the courage in your convictions or you don't.

I'll say it again. I don't have a few million pounds spare. Perhaps if I ever do, i'll consider challenging anyone with a silly EULA in court.
Why would I risk so much just to make a point on an internet board?

[Splash]

I'll say it again. I don't have a few million pounds spare. Perhaps if I ever do, i'll consider challenging anyone with a silly EULA in court.
Why would I risk so much just to make a point on an internet board?

And *I'll* say it again - either you have the courage in your convictions or you don't. If you're as right as you seem to think then surely that few million you refer to is safe?

[badass]

And *I'll* say it again - either you have the courage in your convictions or you don't. If you're as right as you seem to think then surely that few million you refer to is safe?

Which bit of I don't have millions to spend on a court case with Microsoft do you not understand?
Courage in convictions or not
Plus your statement shows you don't have a clue how the court system works as you are guarenteed nothing, whether you are right or not.
Do you really think it's realistic for anyone on this board to spend millions on this hypothetical court case or are you really that detached from reality
Guess what. I'll do as I said and use my technet license because that would make the most sense given the circumstances.

[Splash]

Which bit of I don't have millions to spend on a court case with Microsoft do you not understand?
Courage in convictions or not
Plus your statement shows you don't have a clue how the court system works as you are guarenteed nothing, whether you are right or not.
Do you really think it's realistic for anyone on this board to spend millions on this hypothetical court case or are you really that detached from reality
Guess what. I'll do as I said and use my technet license because that would make the most sense given the circumstances.

Well... I'm not a lawyer (and I'm pretty happy that you're not either), but I believe that if you enter a court case and win that the losing party is generally charged to cover your legal fees. My point being that if you continue along your current road then nothing will *ever* change. The only way that things will change is if someone somewhere has the balls to stand up to them. Simply saying "I think this is how it should work" and then using a product that you agreed to the license for on install is never going to affect the contents of the license (and thus the conditions imposed on those using that product).

TLDR - you can't just decide how you're going to use a piece of IP AFTER agreeing to use it in a different way by accepting the EULA. Either you use it under the terms of the license, or you don't use it, or you're in breach of license and liable to legal action. If you don't agree with the license then don't use the product.