View Full Version : MS is now making laws.
duby229
04-10-2006, 11:09 PM
http://www.theinquirer.net/?article=30877
Make of it as you will. I dont like it myself. Thank goodness I dont live in OK
GoldenTiger
04-10-2006, 11:11 PM
Thank goodness I'm not on Oklahoma, too!
boredguyatcomp
04-10-2006, 11:25 PM
im in arkansas YIKES....in other words OH SHIT!!! bad news
Tutelary
04-11-2006, 02:35 AM
This is the kind of thing that pushes me closer to linux or a mac every day.
Unknown-One
04-11-2006, 04:27 AM
The problem is that if you agree, you give the company you bought upgradable software from the freedom to come onto your computer for "detection or prevention of the unauthorized use of fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing computer software prescribed under this act."
In other words if you install Vista, Microsoft can come in, snoop around your computer see if you are doing anything illegal and delete it.Hmm, it looks more like you are giving them the right to come in a remove software that is illeagle under this act (IE, the Spyware that we all battle every day).
Allthough I see how you can read it both ways...
Monkey34
04-11-2006, 09:37 AM
Hmm, it looks more like you are giving them the right to come in a remove software that is illeagle under this act (IE, the Spyware that we all battle every day).Allthough I see how you can read it both ways...
You HAVE to read it both ways. I have personally eperienced the problems you get contractually (and in the same way legally), when something is left to interpretation. If it is not specifically stated spyware/malware (and a definition of what it is or includes), then I can guarantee SOMEONE will eventually attempt to come after someone for other "illegal content". Now, I am not codoning any illegal activity or content, but the ramifications of someone having a required consent for unknown persons to get into your computer for unspecified search is scary.
Senario: Child or spouse downloads content off P2P. Other family member is starting to have issues with the computer, and contacts support. Support remote-connects/comes to home/has you bring computer to "qualified support center"/has you connect to site to "run our trobleshooting software/active-x whatever program. The content is noticed (but not mentioned)....they fix your issue, and its life as usuall. Months later you recieve a cease-and-desist, or a summons, or whatever, and there is nothing you can do because "on line XX, of section XX, you consented".
You have put the cuffs on yourself.
Dont think it could'nt happen. When something is left to interpretation, "they" will DO FIRST, and ARGUE LATER.
I've had co-workers wrongfully fired , and had to spend tens of thousands of dollars (and a few years) in court to get their jobs back with back-pay when they were never wrong in the first place. Do first....argue later.
This is the kind of thing that pushes me closer to linux or a mac every day.
Thats why I already am using linux... :eek:
MorfiusX
04-11-2006, 10:20 AM
I am no lawyer, but this is for Oklahoma. MS is not going to create a specifice version of Vista for only OK. The law wouldn't apply anywhere else.
No offense to theinq fans, but why not just read HB2083? http://webserver1.lsb.state.ok.us/2005-06HB/HB2083_int.rtf (it's only a few pages long and emphasis below is mine for the relevant section)
SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 776.15 of Title 15, unless there is created a duplication in numbering, reads as follows:
Sections 4 and 5 of the Computer Spyware Protection Act shall not apply to the monitoring of, or interaction with, the Internet or other network connection, service, or computer of an owner or operator, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, maintenance, repair, network management, authorized updates of computer software or system firmware, authorized remote system management, or detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing computer software prescribed under this act.
You have to read "Sections 4 and 5" before you panic. :p The worst part of this bill is the ill defined "fraudulent or other illegal activities" as it applies to the exemption and the broad pass for ISPs to spy on users. IMO, the ISP green light to do whatever they want to your computer is much worse than the fear that software companies may delete/disable pirated software.
I can believe most of the spyware definition part of the bill was written by MS, but other part(ies) have clearly had their way with Section 6 (I would guess the feds).
GORANKAR
04-11-2006, 11:08 AM
I live in OK... MS was asked to ASSIST lawmakers, because ,duh, most lawmakers, in any state, only just bareley know where the power button is.. I'm sure they got input from may other sources aswell.. I don't trust MS, or any corporation, a whole lot myself, but I would rather MS and computer security companies who know the language do the groundwork for tech related laws than people who only barely know how to turn their pc on...
The law has not been passed and such things are generaly rewritten a couple of times between now and the time they make it to a vote...
I'm glad I live in OK, And I'm glad I use linux on all but my game boxes..
BuisyBizz
04-11-2006, 01:28 PM
correct me if i'm wrong here, but if lets say, spyware gave you an EULA. Does that mean that you have give permission for it to update itself, and microsoft (or ne one else) cant remove it? And what's this about "firmware." Flash my DVD Burner so i cant burn movies? Update my BIOS? Is CMOS considered firmware?
Monkey34
04-11-2006, 02:16 PM
The real test would be the first case someone tries to apply this to anything other than "spyware". It potentially would open a can of worms, and I for one would not want to even come CLOSE to allowing anyone permission (in writing) to do ANYTHING on my computer .
Phoenix86
04-11-2006, 02:56 PM
I am no lawyer, but this is for Oklahoma. MS is not going to create a specifice version of Vista for only OK. The law wouldn't apply anywhere else.
Rational thinking for the win. Worse case it'd take a long time for us to see anything in the real world based on this law...
Also, the title is horrid. MS is not making laws, the duely elected state officials are.
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