Posted on 12/23/2001 6:55:43 AM PST by TaRaRaBoomDeAyGoreLostToday!
The FBI's National Infrastructure Protection Center said that, in addition to installing a free software fix offered by Microsoft on the company's Web site, consumers and corporations using Windows XP (news - web sites) should disable the product's ``universal plug and play'' features affected by the glitches.
The FBI did not provide detailed instructions how to do this. Microsoft considers disabling the ``plug and play'' features unnecessary.
The company acknowledged this week that Windows XP suffers from serious problems that allow hackers to steal or destroy a victim's data files across the Internet or implant rogue computer software. The glitches were unusually serious because they allow hackers to seize control of all Windows XP operating system software without requiring a computer user to do anything except connect to the Internet.
Outside experts cautioned that disabling the affected Windows XP features threatens to render unusable an entire category of high-tech devices about to go on the market, such as a new class of computer printers that are easier to set up. But they also acknowledged that disabling it could afford some protection against similar flaws discovered in the future.
The FBI, in a bulletin released at 8 p.m. at the start of a long holiday weekend, also warned professional computer administrators to actively monitor for specific types of Internet traffic that might indicate an attack was in progress.
A top Microsoft security official, Steve Lipner, sought to reassure consumers and companies that installing the free fix was the best course of action to protect their systems.
Friday's warning from the FBI's cyber-protection unit came after FBI and Defense Department officials and some top industry experts sought reassurance from Microsoft that the free software fix it offered effectively stops hackers from attacking the Windows XP flaws.
The government's rare interest in the problems with Windows XP software, which is expected to be widely adopted by consumers, illustrates U.S. concerns about risks to the Internet. Friday's discussions came during a private conference call organized by the National Infrastructure Protection Center.
During the call, Microsoft's experts acknowledged the threats posed by the Windows XP problems, but they assured federal officials and industry experts that its fix - if installed by consumers - resolves the issues.
Microsoft declined to tell U.S. officials how many consumers downloaded and installed its fix during the first 24 hours it was available. Experts from Internet providers, including AT&T Corp., argued that information was vital to determine the scope of the threat.
Microsoft also indicated it would not send e-mail reminders to Windows XP customers to remind them of the importance of installing the patch.
Microsoft explained that a new feature of Windows XP can automatically download the free fix, which takes several minutes, and prompt consumers to install it.
``The patch is effective,'' said Lipner, Microsoft's director of security assurance, in an interview with The Associated Press.
Officials expressed fears to Microsoft about possible electronic attacks targeting Web sites and federal agencies during next week's Christmas holidays from computers running still-vulnerable versions of Windows, participants said.
Several experts said they had already managed to duplicate within their research labs so-called ``denial of service'' attacks made possible by the Windows XP flaws. Such attacks can overwhelm Web sites and prevent their use by legitimate visitors.
Another risk, that hackers can implant rogue software on vulnerable computers, was considered more remote because of the technical sophistication needed.
The FBI's cyber-security unit has been concerned about the threat and warned again Thursday that the potential of ``denial of service'' attacks is high. The agency said people unhappy with U.S. policy have indicated they plan to target the Defense Department's Web sites, as well as other organizations that support the nation's most important networks.
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On the Net:
So the EULA hidden in the box isn't valid. Interesting, no?
Loyalists who excuse even the most obvious lawbreaking.
Sound familiar?
So how much have you gotten back? Or are you filing a class-action suit?
Count me skeptical, but you seem to be grinding an axe for someone here, but don't have the brass ones necessary to do anything but whine.
Kinda like the guys who hold "The Tax Code is Illegal' seminars.
Whoever knew is liable. If you can prove Best Buy knew, then they are liable.
Since you *can* prove MS knew, then they're liable. All you would be able to do is get your money back, I assume, unless and until someone is actually hacked and suffers loss . . .
Is this your way of saying, "oh my gosh, you were right, MS *did* break the law and I'm supporting them anyway"?
From the sound of the feature being discussed, it does just what it is suppossed to do. Detect networked devices and allow them to run with minimal user response. It does that, and is therefore not defective. Its improper use may have side effects, but the manufacturer has no control over what you do with their product once yuo get it home. It sounds like what is happening here is finding fault with someone who made the windows for your house. It is not their fault that you left the windows open so the rain and the snow could come inside.
Also, the consumer laws that have been mentioned say the the merchant has the responsibility to the consumer. While this may be cutting hairs here, it would seem that the store has to inform us of the problems, not Microsoft.
I'd say that MS clearly broke this law.
Should the Merchants instead be held liable?
Only if the merchants knew of the 'fact'. If MS didn't inform the merchants, then MS alone is liable.
After a little webseraching, here's the complete EULA for XP Pro (probably the same as XP Home, but I have not be able to confirm that personally). Go to #19---the last bullet.
Microsoft Windows XP Professional
END-USER LICENSE AGREEMENT IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software product identified above, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Product"). An amendment or addendum to this EULA may accompany the Product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.
1. GRANT OF LICENSE. Microsoft grants you the following rights provided that you comply with all terms and conditions of this EULA:
* Installation and use. You may install, use, access,display and run one copy of the Product on a single computer, such as a workstation, terminal or other device ("Workstation Computer"). The Product may not be used by more than two (2) processors at any one time on any single Workstation Computer. You may permit a maximum of ten (10) computers or other electronic devices (each a "Device") to connect to the Workstation Computer to utilize the services of the Product solely for File and Print services, Internet Information Services, and remote access (including connection sharing and telephony services). The ten connection maximum includes any indirect connections made through "multiplexing" or other software or hardware which pools or aggregates connections. Except as otherwise permitted by the NetMeeting, Remote Assistance, and Remote Desktop features described below, you may not use the Product to permit any Device to use, access, display or run other executable software residing on the Workstation Computer, nor may you permit any Device to use, access, display, or run the Product or Product's user interface, unless the Device has a separate license for the Product.
* Mandatory Activation. The license rights granted under this EULA are limited to the first thirty (30) days after you first install the Product unless you supply information required to activate your licensed copy in the manner described during the setup sequence of the Product. You can activate the Product through the use
of the Internet or telephone; toll charges may apply. You may also need to reactivate the Product if you modify your computer hardware or alter the Product. There are technological measures in this Product that are designed to prevent unlicensed or illegal use of the Product. You agree that we may use those measures.
* Storage/Network Use. You may also store or install a copy of the Product on a storage device, such as a network server, used only to install or run the Product on your other Workstation Computers over an internal network; however, you must acquire and dedicate an additional license for each separate Workstation Computer on or from which the Product is installed, used, accessed, displayed or run. A license for the Product may not be shared or used concurrently on different Workstation Computers.
* Reservation of Rights. Microsoft reserves all rights not expressly granted to you in this EULA.
2. UPGRADES. To use a Product identified as an upgrade, you must first be licensed for the product identified by Microsoft as eligible for the upgrade. After upgrading, you may no longer use the product that formed the basis for your upgrade eligibility.
3. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Product that Microsoft may provide to you or make available to you after the date you obtain your initial copy of the Product, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Microsoft reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Product. This EULA does not grant you any rights to use the Windows Media Format Software Development Kit ("WMFSDK") components contained in the Product to develop a software application that uses Windows Media technology. If you wish to use the WMFSDK to develop such an application, visit http://msdn.microsoft.com/workshop/imedia/windowsmedia/sdk/wmsdk.asp, accept a separate license for the WMFSDK, download the appropriate WMFSDK, and install it on your system.
4. TRANSFER-Internal. You may move the Product to a different Workstation Computer. After the transfer, you must completely remove the Product from the former Workstation Computer. Transfer to Third Party. The initial user of the Product may make a one-time transfer of the Product to another end user. The transfer has to include all component parts, media, printed materials, this EULA, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred Product must agree to all the EULA terms. No Rental. You may not rent, lease, lend or provide commercial hosting services to third parties with the Product.
5. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may, not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
6. TERMINATION. Without prejudice to any other rights, Microsoft may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its component parts.
7. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* NetMeeting/Remote Assistance/Remote Desktop Features. The Product contains NetMeeting, Remote Assistance, and Remote Desktop technologies that enable the Product or other applications installed on the Workstation Computer to be used remotely between two or more computers, even if the Product or application is installed on only one Workstation Computer. You may use NetMeeting, Remote Assistance, and Remote Desktop with all Microsoft products; provided however, use of these technologies with certain Microsoft products may require an additional license. For Microsoft and non-Microsoft products, you
should consult the license agreement accompanying the applicable product or contact the applicable licensor to determine whether use of NetMeeting, Remote Assistance, or Remote Desktop is permitted without an additional license.
* Consent to Use of Data. You agree that Microsoft and its affiliates may collect and use technical information gathered in any manner as part of the product support services provided to you, if any, related to the Product. Microsoft may use this information solely to improve our products or to provide customized services or technologies to you. Microsoft may disclose this information to others, but not in a form that personally identifies you.
* Internet Gaming/Update Features. If you choose to utilize the Internet gaming or update features within the Product, it is necessary to use certain computer system, hardware, and software information to implement the features. By using these features, you explicitly authorize Microsoft or its designated agent to access and utilize the necessary information for Internet gaming and/or updating purposes. Microsoft may use this information solely to improve our products or to provide customized services or technologies to you. Microsoft may disclose this information to others, but not in a form that personally identifies you.
* Internet-Based Services Components. The Product contains components that enable and facilitate the use of certain Internet-based services. 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.
* Security Updates. Content providers are using the digital
rights management technology ("Microsoft DRM") contained in this Product to protect the integrity of their content ("Secure Content") so that their intellectual property, including copyright, in such content is not misappropriated. Owners of such Secure Content ("Secure Content Owners") may, from time to time, request Microsoft to provide security related updates to the Microsoft DRM components of the Product ("Security Updates") that may affect your ability to copy, display and/or play Secure Content through Microsoft software or third party applications that utilize Microsoft DRM. You therefore agree that, if you elect to download a license from the Internet which enables your use of Secure Content, Microsoft may, in conjunction with such license, also download onto your computer such Security Updates that a Secure Content Owner has requested that Microsoft distribute. Microsoft will not retrieve any personally identifiable information, or any other information, from your computer by downloading such Security Updates.
8. NOT FOR RESALE SOFTWARE. Product Identified as "Not for Resale" or "NFR," may not be resold, transferred or used for any purpose other than demonstration, test or evaluation.
9. ACADEMIC EDITION SOFTWARE. To use Product identified as "Academic Edition" or "AE," you must be a "Qualified Educational User." For qualification- related questions, please contact the Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving your country.
10. EXPORT RESTRICTIONS. You acknowledge that the Product is of U.S. origin and subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. For additional information see http://www.microsoft.com/exporting/.
11. LIMITED WARRANTY FOR PRODUCT ACQUIRED IN THE US AND CANADA. Microsoft warrants that the Product will perform substantially in accordance with the accompanying materials for a period of ninety days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the Product, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Microsoft, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does not meet Microsoft's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 13 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/ jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Microsoft's and its suppliers' entire liability and your exclusive remedy shall be, at Microsoft's option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Product, or (b) repair or replacement of the Product, that does not meet this Limited Warranty and that is returned to Microsoft with a copy of your receipt. You will receive the remedy elected by Microsoft without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Product to Microsoft). This Limited Warranty is void if failure of the Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States or Canada, neither these remedies nor any product support services offered by Microsoft are available without proof of purchase from an authorized international source. To exercise your remedy, contact: Microsoft, Attn. Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399, or the Microsoft subsidiary serving your country.
LIMITED WARRANTY FOR PRODUCT ACQUIRED OUTSIDE THE US or CANADA. FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR PARTICULAR JURISDICTION, PLEASE REFER TO YOUR WARRANTY BOOKLET INCLUDED WITH THIS PACKAGE OR PROVIDED WITH THE SOFTWARE PRODUCT PRINTED MATERIALS.
12. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Microsoft and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or Statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support or other services, information, software, and related content through the Product or otherwise arising out of the use of the Product. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Product. The third party sites are not under the control of Microsoft, and Microsoft is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Microsoft is not responsible for webcasting or any other form of transmission received from any third party sites.
Microsoft is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Microsoft of the third party site.
15. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Microsoft and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Microsoft with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product or U.S.$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 11, 12 and 13 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
16. U.S. GOVERNMENT LICENSE RIGHTS. All Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Product provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
17. APPLICABLE LAW. If you acquired this Product in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this Product in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this Product was acquired outside the United States, then local law may apply.
18. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Product) are the entire agreement between you and Microsoft relating to the Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any Microsoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
19. The Product is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.
Posting the *entire* EULA looks to me like an attempt to flood this thread and lose readers.
The EULA, hidden in the box, isn't valid.
Try enforcing a contract the buyer didn't see before purchase. Or a contract that claims consumer protection laws don't apply.
Isn't happening.
--Boris
Their own EULA doesn't even protect them in this case.
Thanks, I'm going to use that.
Why do so many take total leave of their senses, excusing the most obviously heinous behavior, with MS?
They refused to reveal a product defect, and knowingly sold consumers defective products.
And people defend and excuse them. What is going on here?
No, it's my way of saying that your 'you jump first, I'm right behind you' won't work with me. Which is why you didn't answer the most important questions in my post.
Go bother someone else, as you can see by my name, I'm probably older than you and don't want to waste any more of my life with a fool.
And then what happens when it comes out that the manufacturer knew the product was defective, and just didn't release that info? They'd be in deep legal doo doo.
If this were any other company, you'd be calling for blood. You wouldn't be looking for legal technicalities and loopholes.
Why does MS get to ignore the law?
I posted laws. I showed how MS broke those laws. You said you were a loyalist, and blew it all off.
Clintonistas would be proud.
As for me, I am migrating to Linux mainly because of the costs. It is far to expensive to maintain the five computers in my home using MS products. I can get all the functionality I need from Star Office.
What on earth does this have to do with a manufacturer knowingly selling a defective product?
The law seems quite clear. This is an open and shut case. And *still* people search for ways to not admit MS broke the law.
This is how 'MS-haters' get labelled. The same way 'Clinton-haters' got labelled.
We see illegality. We point out illegality. The defenders say it didn't happen, and so what if it did.
I don't hate MS. I hate their illegal behaviors, which so many people excuse and defend.
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