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Vista Licensing also Limits Benchmarking


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#1 Guest_scaramonga_*

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Posted 01 November 2006 - 10:37 PM

License transfers aren't the only thing the End User License Agreement (EULA) for Microsoft Corp.'s Windows Vista OS limits. The license also puts restrictions on how benchmarks of certain components of the OS can be published, another issue that is raising eyebrows as Microsoft still has not clarified how changes will specifically affect users.

According to the Vista EULA, because the OS contains "one or more components" of the .Net Framework 3.0, users can conduct internal benchmarking of those components, but can't disclose the results of those benchmarks -- or measurements to compare rival products -- unless they comply with conditions found at a Microsoft Web site.

InfoWorld

:)

#2 brewin

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Posted 01 November 2006 - 11:13 PM

Quote

9. MICROSOFT .NET BENCHMARK TESTING. The software includes one or more components of
the .NET Framework 3.0 (“.NET Components”). You may conduct internal benchmark testing of
those components. You may disclose the results of any benchmark test of those components,
provided that you comply with the conditions set forth at
http://go.microsoft....k/?LinkID=66406. Notwithstanding any other agreement you may have
with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose
the results of benchmark tests it conducts of your products that compete with the applicable .NET
Component, provided it complies with the same conditions set forth at
http://go.microsoft....k/?LinkID=66406
I love how they direct you to a page that they can change whenever they want. That way, if you're doing something that Redmond doesn't like, all they have to do is change that page and sue your ass off for violating the EULA! :)

#3 WFO

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Posted 02 November 2006 - 12:50 AM

Thanks Scara, sheesh the more I read, the more I like my x64! :)

#4 talker

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Posted 02 November 2006 - 01:52 PM

Trying not to replay an old record, but I have posted many times that as the RTM nears, there will more an more of the "Oh by the way" things in Vista. Perhaps many of these things are not new and have been around in previous Windows versions but it seems that MS is wanting to play hardball with Vista and these restrictions. It is seeming more and more that the only control that we will truely have over Vista is whether we buy the OS. Once we have spent the money, we hand control to MS as to how we can use, test, display, benchmark, etc Vista. I, for one, see this as an invasion of my rights to use the OS however I please. There is no subsidy offered by MS in the purchase of the OS. It is my money that is used to acquire Vista, therefore it should be, within normal reason, my choice as to how I use the OS. MS has gotten out of the people business and gotten into the software business. They seem to forget that it is the people buying the products that has made MS what it is today. Vista will probably not fail as a product in terms of sales but I doubt that any of my funds will find their way to Redmond for Vista...talker. :(

#5 Guest_scaramonga_*

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Posted 02 November 2006 - 06:48 PM

MORE disturbing news regarding the EULA.

:(

#6 m.oreilly

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Posted 02 November 2006 - 09:44 PM

i believe we should start a "Vista: Fear and Loathing" thread...i'll ask nvyseal... :( we could call it:
VISTA: the FUD YEARS!


Attached File  ElmerFuddvista.JPG   27.77K   62 downloads



:)

#7 m.oreilly

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Posted 02 November 2006 - 10:26 PM

FUD = Fear, Uncertainty, and Doubt

http://catb.org/jargon/html/F/FUD.html

Quote

FUD: /fuhd/, n.

Defined by Gene Amdahl after he left IBM to found his own company: “FUD is the fear, uncertainty, and doubt that IBM sales people instill in the minds of potential customers who might be considering [Amdahl] products.” The idea, of course, was to persuade them to go with safe IBM gear rather than with competitors' equipment. This implicit coercion was traditionally accomplished by promising that Good Things would happen to people who stuck with IBM, but Dark Shadows loomed over the future of competitors' equipment or software. See IBM. After 1990 the term FUD was associated increasingly frequently with Microsoft, and has become generalized to refer to any kind of disinformation used as a competitive weapon.

[In 2003, SCO sued IBM in an action which, among other things, alleged SCO's proprietary control of Linux. The SCO suit rapidly became infamous for the number and magnitude of falsehoods alleged in SCO's filings. In October 2003, SCO's lawyers filed a memorandum in which they actually had the temerity to link to the web version of this entry in furtherance of their claims. Whilst we appreciate the compliment of being treated as an authority, we can return it only by observing that SCO has become a nest of liars and thieves compared to which IBM at its historic worst looked positively angelic. Any judge or law clerk reading this should surf through to my collected resources on this topic for the appalling details.—ESR]


#8 WFO

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Posted 02 November 2006 - 11:47 PM

View Postm.oreilly, on Nov 2 2006, 01:44 PM, said:

i believe we should start a "Vista: Fear and Loathing" thread...i'll ask nvyseal... :) we could call it:
VISTA: the FUD YEARS!
Attachment attachment
:)

:) :(

#9 talker

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Posted 03 November 2006 - 01:34 AM

Crank up that thread Mo. :) I'm sure that I can come up with a 1000 words or so to get it going. :) ...talker. :(

#10 m.oreilly

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Posted 03 November 2006 - 02:02 AM

sure! and we could make badges for everyone that installs the vista rtm, that read: "I survived the FUD!" :(

#11 Sphere

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Posted 03 November 2006 - 03:28 AM

That persons image you posted is Elmer "Fudd" thus it should be Fear, Uncertain, Doubt and Danger! :(

#12 talker

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Posted 03 November 2006 - 04:15 AM

View Postm.oreilly, on Nov 2 2006, 08:02 PM, said:

sure! and we could make badges for everyone that installs the vista rtm, that read: "I survived the FUD!" :(

You mean like this Mo??? :) ...talker. :)

Attached Files



#13 m.oreilly

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Posted 03 November 2006 - 04:18 AM

View Posttalker, on Nov 2 2006, 08:15 PM, said:

You mean like this Mo??? :( ...talker. :)
:)

View PostSphere, on Nov 2 2006, 07:28 PM, said:

That persons image you posted is Elmer "Fudd" thus it should be Fear, Uncertain, Doubt and Danger! :P
a bit of "creative license" on my part... :)

#14 talker

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Posted 03 November 2006 - 04:50 AM

View Postm.oreilly, on Nov 2 2006, 10:18 PM, said:

:(
a bit of "creative license" on my part... :)

Yes, and very creative but can that "license" be reloaded or transfered???? :P :) ...talker. :)

#15 m.oreilly

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Posted 03 November 2006 - 05:00 AM

View Posttalker, on Nov 2 2006, 08:50 PM, said:

Yes, and very creative but can that "license" be reloaded or transfered???? :) :) ...talker. :(
i think so :)




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