[CoLoCo] Live by the EULA Die by the EULA

[Kevin Fries]

On Fri, 2008-04-04 at 10:54 -0600, Jim Hutchinson wrote:
> 
> 
> On Fri, Apr 4, 2008 at 10:43 AM, Andrew <keen101 at gmail.com> wrote:
>         What about Microsoft having restrictions over putting in MOD
>         chips in
>         Xbox's? It seems weird to me that they can make it illegal to
>         modify
>         the hardware you own. It's yours isn't it? Seems very strange
>         that you
>         cannot modify hardware that you own.
> 
> Ianal, but aren't there some examples when you are NOT allowed to
> modify things even when you own them. Perhaps most deal with making it
> do something illegal. For example, you can't modify and a radio, CD or
> other device to do more than it's designed for (at least to a point)
> probably because you are infringing on the licensed air waves or
> something. Doesn't apple claim you can't modify the iphone - even
> though people do? Again, ianal but seems I've heard things like this.
> How that affects ms I don't know.

You notice while Apple jumps up and down and makes allot of noise, they
don't sue anybody... even the jail break people.  And if anybody has a
questionable claim, its probably them.  The iPhone though is a different
type of animal because it steps on both owners rights, and the FCC.
Though even the FCC has begun to acknowledge owners rights in phone
unlocking.  (i.e. according the the FCC you can unlock your phone, to
move it from AT&T to T-Mobile, but you are not allowed to do that for
other's, i.e. as a business)

Somebody also mentioned about DCMA, which is one of the poorest pieces
of s(*& ever written.  Even then, owners rights have never been
challenged.  Making it available to others is what they get everybody
on.  So, the $64M question comes up as: if I am no longer breaking the
law by reverse engineering Microsoft Windows, and I now discover back
door interfaces that Microsoft is using to hook into their own programs,
and I use that knowledge to build a competing product... As of now, I
broke the law by breaking the EULA.  DCMA does not come into effect if I
don't make Microsoft's code available.  Nor does copyright laws.

Lawyers will have a field day if this ever comes to pass.  But what
little chance Microsoft has here in the states, is nothing compared with
the rest of the world where software patents are not acknowledged...
Like India (think of that irony).  When all the smoke clears here in the
states, Microsoft (if they changed the EULA) would have a costly,
draining battle where they will probably prevail with major damage.  But
in the rest of the world, they will get beat to a pulp.  Little Billy
bits all over the European and Asian grounds, I can see it now (oops,
maybe that should be Stevie bits).

-- 
Kevin Fries
Senior Linux Engineer
Computer and Communications Technology, Inc
A Division of Japan Communications Inc.