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Oct 16, 2006

Greed: Microsoft Vista to Kill Computer Book Market

A term in the end user license for Microsoft's "more expensive than getting to the moon" Vista prevents authors (like me) from taking screen grabs for their computer books:

c. Icons, images and sounds. While the software is running, you may use but not share its icons, images, sounds, and media.

A few years ago, Microsoft decimated the market for books about Visio (including my own best-selling series), and now the convicted monopolist is going all the way to put all authors under.

As well, making it illegal to share images and icons generated by Vista puts companies like WebEx in the grave.

Will no one put this company out of our misery?

Comments

I'd venture to say your reading that too literal. Perhaps some lawyers interpret it that way to but my guess is they're the type of lawyers looking to keep people out of trouble (play it safe) as opposed to fighting for wha'ts right (do what's reasonable).

Based on the literal interpretation, I can't even let anyone else log onto my computer let along sit along side me and show them anything.

I'd assume MS is intending for the electronic data that make up it's images, icons, sounds, etc to be protected so I can't extract images, icons, wounds from the OS and use them in other programs etc. After all, there's plenty of "freeware" that says it can't be used for "commercial purposes" but that doesn't mean a commercial business can't use it, just packaged up on a CD and sold.

A helicopter pilot had lost his way. Desperate, he lowered down looking for passers-by. Somewhere in the vicinity of Redmond he found some and held out a pulpboard reading "Where Am I?"
Of course, the folks at MS eagerly wanted to help. They hold up a board at him that read: "In a helicopter."

That's what's going to happen, should MS ever be the only one to explain their programs.

If it's interpreted that strictly, have all those sites previewing Vista been breaking the EULA by posting (sharing) screen shots?

How about in-house training material?

Has Bill G posted any screenshots? Arrest thyself & begone! :-)

I've spent years talking about overreaching EULAS, yet few people in the CAD industry seem to want to hear it.

One of the primary purposes of a EULA is to trump other laws, including the fair-use provisions of the copyright act, as well as the first-sale provisions of the UCC. Monopolists have substantial incentive to include unconsionable and potentially unenforceable clauses in their EULAs, because the worst thing that can happen is that they get slapped on the hand, while the best thing that can happen is they expand their monopoly.

The effect the Microsoft Vista EULA has on WebEx and its ilk is nothing new. Simply read the Autodesk EULA, and you'll see that the use of such programs is already prohibited there.

I would operate as if US fair use laws still apply to Microsoft. As Adm. Grace Hopper said, it is better to ask forgiveness than permission.

I guess fair use is of no use here?

But of course M$ has Live Meeting, so they can monopolize that market too :-P

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