" The short answer is that there is no legal requirement nor is there a
marketing requirement as most people don't pay attention and buy the computer
anyway. At one time so many people insisted on restore CD's that they were
always included, as was technical support. As the industry went from the early
adopters who shop and pay attention to details, to the more typical box-buying
average joe's who bought the lowest priced, no CD, unsupported computers; all
the manufacturers followed suit (except Apple, as one of their selling points
is quality).
TANSTAAFL! (There ain't no such thing as a free lunch).
Also be aware; nowadays if you purchase a Windows XP computer, you do not
'own' it in the traditional sense. You are only licensing use under a
subscription plan. Microsoft's EULA contains Product Use Rights, (see
www.microsoft.com/licensing/resources) that state in no uncertain terms
that they control the computer, and can at any time delete or disable any
software you own.
From Infoworld:
You can be forgiven if you feel like you have better things to do with
your life than reading and rereading all this mind-numbing legal
gobbledygook. Fortunately, one Microsoft customer did review the PUR
document recently and noticed a change. In the section on Windows XP
Professional, he found the 'Internet-Based Services Components' paragraph
that said in part, 'You acknowledge and agree that Microsoft may
automatically check the version of the Product and/or its components that
you are utilizing and may provide upgrades or fixes to the Product that will
be automatically downloaded to your Workstation Computer.'
Several readers were also worried that Microsoft's broad assertion of its
right to access their computers would force their companies into
noncompliance with government security guidelines and various privacy laws.
This concern was exacerbated by additional PUR language in the same Windows
XP section. In terms of 'Security Updates,' users grant Microsoft the right
to download updates to Microsoft's DRM (Digital
Rights Management)
technology to protect the intellectual property rights of 'Secured Content'
providers. It says Microsoft may 'download onto your computer such security
updates that a secure content owner has requested that MS, Microsoft
Corporation, or their subsidiaries distribute.' In other words, it would
seem Microsoft's idea of a security update is one that protects the property
rights of vendors, not the security of customers' systems.
Both corporate and individual customers can choose to turn off Windows
Auto-Update, the Microsoft officials pointed out. Similarly, users will be
told when a content owner is requiring an update to Microsoft's DRM
technology and they will have the option to download it. 'If the user elects
not to update the security component, he or she will be unable to play
content protected by our DRM from that point forward, although content
previously obtained would still be usable.'
What they are not saying Microsoft has the right and ability to upload your
registry file. If they find a serial number that is not registered to you they
can 'update' it to disable or delete it. For any product; their's or 'DRM'
partners.
(Note: 'Updates' are to be performed any time you go to Microsoft's site
for tech support, call Microsoft to get Tech Support, etc. The original
database is created the first time a new user uses Internet Explorer and is
automatically taken to Microsoft's site; uses windows update, etc. But wait!
Did you know there is a way to run Internet Explorer without a task showing up
on the task bar, any indication in Task Manager that the process is running?
How do you think those viruses got spread anyway?)
Microsoft has the right and ability to download your directory file (File
Allocation Table). If they find any directory or file name not in the
registry, they can again 'update' it.
Microsoft has the right to claim that a competitor's product (e.g.
WordPerfect) is corrupting your Windows XP and disabling or deleting it to
protect the OS. You may remember they pulled this one on DR DOS, Windows 3.x
would claim that you did not have MS-DOS and could expect problems - and you
may remember they were sued and had to pay millions in damages in that suit.
Now they have it in the license that they can do it legally.
When you buy a computer, with Windows on it, the first time you turn it on,
you MUST accept the terms of the License agreement to continue, and then put
in a Serial Number. OR reformat the drive and put LINUX on it even though you
already paid for Windows. The license agreement specifically states that they
can change the license in any way at any time and you are bound by the CURRENT
license agreement AS POSTED ON THEIR WEB SITE at
http://www.microsoft.com/licensing/resources.
In essence you must agree that Microsoft owns the computer and you are only
subscribing to a license at their sufferance.
Is this legal?
Yes. its the Computer Manufacturers who are selling the computers this way
and until the Manufacturers, who are benefiting from increased sales due to
the 'planned obsolescence' caused by Microsoft changing the Operating System
to constantly require more RAM, bigger Hard drives and faster Processors to
run the same programs. The manufacturers are only making money because of new
versions of Windows, They are not going to complain until they are sued.
The only grounds for the complaint would be non-merchantability or false
advertising (you thought you were buying a computer system like a Linux system
or an Apple that includes you owning a copy of the Operating System while
Windows is a subscription service) and that claim, the courts may say is
questionable as Windows is a monopoly and you should have known that you had
no legal rights; you don't own the computer, you own a paperweight. The false
advertising would come in if the Manufacturer actually said that you could do
any computer tasks like word processing, without agreeing to Microsoft's terms
or buying and installing Linux. "
