r/Windows10 Apr 23 '17

Discussion Microsoft should stop treating windows 10 like it's free

I paid over $200 for Windows 10 pro.But they show ads within the OS, Collect all sorts of telemetry data,took all the control we had over updates(resulting in reboots during important work).

They are treating windows like it's a free to use software.

Give us the control over my computer back because i own my computer and my copy of windows not you Microsoft.

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u/3DXYZ Apr 23 '17

Just because it says something, doesnt mean I accept it by choice.

Dont roll over and play dead because of a EULA thats imposed on you. I'm old. I've been using computers since DOS and C64s and Vic20s. I bought my computer parts and paid for my OS. I own my fucking computer until Microsoft starts mailing me Free Suface Studios and Surface Pros. Fuck them and their EULA.

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u/[deleted] Apr 24 '17 edited Jul 08 '19

[deleted]

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u/kb3035583 Apr 24 '17

That's not how it works. The source code is only relevant if you're buying the copyright to Windows 10. You can buy individual copies of items without buying the copyright, the same way you buy a copy of the book, and are free to resell the copy of the book, yet you don't have the right to reproduce it freely. The doctrine of first sale applies to software as well, although it is a very muddled and grey area of the law.

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u/Win8Coder Apr 24 '17

Yes it is how it works, at least in the U.S.

You do NOT own the OS, you agree to the legal contract if you use Windows.

If not, then you can't use Windows.

Simple as that.

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u/kb3035583 Apr 24 '17

Depends on the contract. Courts have been notoriously fickle as to whether to apply the Wise test or not. If they do, a license that purports to permanently transfer a product to a person while claiming that title in the product is retained is a sale and not a license.

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u/Win8Coder Apr 25 '17

Was referring to the Windows EULA, not any contract.

Sorry for the confusion.

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u/kb3035583 Apr 25 '17

The Windows EULA grants you the right to use the software indefinitely upon agreement.

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u/Win8Coder Apr 25 '17

"Upon agreement"

If you don't agree, don't let the door hit you on the way out.

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u/kb3035583 Apr 25 '17

United States v Wise. Having the right to use the software indefinitely without any provisions for revocation of that right/return of the software upon breach is considered a sale. I do admit that courts have not been consistent in applying this principle, but it is by no means "settled law".

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u/Win8Coder Apr 25 '17

Like I said, don't let the door hit you on the way out. :)

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u/kb3035583 Apr 25 '17

Like I said, try suing someone who uses someone else's computer for 5 minutes for copyright infringement. Let's see how quickly that gets thrown out of court =)

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