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From: Ben Myers on 6 May 2008 23:17 Microsoft did not take its cloaking shield to Europe. No politicians to buy over there... Ben Myers On Tue, 6 May 2008 21:22:02 -0500, "S.Lewis" <Gossamer(a)interesting.com> wrote: > >"Ben Myers" <ben_myers_spam_me_not(a)charter.net> wrote in message >news:jd0224lf31qlhvrnqmtqfcr7fppjdlrkk4(a)4ax.com... >> That's a different woodshed. The anti-trust one, not the one where you >> take >> someone who has done damages... Ben Myers >> > > >True. Was just pointing out that MS isn't invincible in a courtroom. >
From: S.Lewis on 6 May 2008 10:27 "Tony Harding" <ToHard(a)nowhere.org> wrote in message news:48203bfe$0$25063$607ed4bc(a)cv.net... > Colin Wilson wrote: >>> Or, better still, what if we're talking about a hospital install base >>> and patients die? >> >> Hospitals shouldn't be so stupid as to use windows on critical systems. >> Indeed, it's against their EULA IIRC to do so. >> >> So, after they've already broken who knows how many point of sale systems >> with their last broken SP3 update for XP, and done the same for Vista, >> your point was... ? > > Doesn't MS's EULA specifically exempt them from business losses, IIRC > their limit is the cost of the software. Even if true, a prepared corporate legal team would tear that disclaimer to pieces - particularly in front of either a sympathetic judge or jury - in the face of deaths and/or millions of dollars in losses by a surreptitious/forced update imo.
From: Tony Harding on 7 May 2008 00:17 WaIIy wrote: <snip> > I made these up, no forced updates for me. I use these and > then go and manually choose from MS. > > AllowUpdates.bat > > NET START "Automatic Updates" > SC CONFIG wuauserv start= auto > NET START "Background Intelligent Transfer Service" > SC CONFIG bits start= auto > pause > exit > > ======================================= > > BlockUpdates.bat > > NET STOP "Automatic Updates" > SC CONFIG wuauserv start= demand > NET STOP "Background Intelligent Transfer Service" > SC CONFIG bits start= demand > pause > exit Thanks a bunch for posting these .bat files, WaIIy!
From: Tony Harding on 7 May 2008 00:19 S.Lewis wrote: > "Tony Harding" <ToHard(a)nowhere.org> wrote in message > news:48203bfe$0$25063$607ed4bc(a)cv.net... >> Colin Wilson wrote: >>>> Or, better still, what if we're talking about a hospital install base >>>> and patients die? >>> Hospitals shouldn't be so stupid as to use windows on critical systems. >>> Indeed, it's against their EULA IIRC to do so. >>> >>> So, after they've already broken who knows how many point of sale systems >>> with their last broken SP3 update for XP, and done the same for Vista, >>> your point was... ? >> Doesn't MS's EULA specifically exempt them from business losses, IIRC >> their limit is the cost of the software. > > Even if true, a prepared corporate legal team would tear that disclaimer to > pieces - particularly in front of either a sympathetic judge or jury - in > the face of deaths and/or millions of dollars in losses by a > surreptitious/forced update imo. IMHO you're overly optimistic on this point, Stew. Keep in mind that MS has lots of high powered lawyers on staff or retainer as well.
From: Tony Harding on 7 May 2008 00:21 Ben Myers wrote: > True. One must keep in mind that a Microsoft EULA is tantamount to a gun at > ones head. There is never an opportunity to negotiate the EULA with Microsoft. > If you want whatever Microsoft has provided under its EULA, usually corrections > and patches to its earlier screwups, you have no choice but to accept the EULA, > whatever it may say. Given the perfect storm of software failures and > consequent damages, just about any judge or jury would find against Microsoft. > So far, whatever damages caused by failures of their software have not been > serious enough for someone to sue... Ben Myers I doubt that big IT customers sign the same EULA we do, I'd bet they're negotiated individually, i.e., GM negotiates their EULA, Verizon negotiates theirs, etc.
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