On Feb 2, 7:48 pm, "Ezekiel" <Z...@xxxxx> wrote:
> "Rex Ballard" <rex.ball...@xxxxxxxxx> wrote in message
news:
266ded66-8359-4f14-9887-0e5ab988b77d@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
> > On Feb 2, 7:04 pm, "Ezekiel" <Z...@xxxxx> wrote:
> >> "Rex Ballard" <rex.ball...@xxxxxxxxx> wrote in message
>>news:ad5d7665-db9a-4731-a8b1-8ca2a2a6541b@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
> >> > On Feb 2, 5:56 pm, ray <r...@xxxxxxxxxx> wrote:
> > Judge Thomas Penfield Jackson, shortly after issuing his rulings of
> > law, and just before releasing the final remedy judgment told a
> > reporter that, based on the evidence presented in the case,
> > Microsoft's top executives were criminals and should face criminal
> > prosecution.
> I don't give a crap what Judge Jackson had to say or what his opinion was.
> Your claim is:
Jackson is a federal court judge, and had he been able to rule on
criminal charges, would have probably ruled against them. He also
cited several criminal activities in his findings of law.
Remember, Microsoft had overturned a prior Jackson ruling by simply re-
presenting evidence to the appellate court, claiming that the Judge
didn't know what he was doing. The 3 judge panel sided with
Microsoft, dismissing the contempt of court ruling - not even
remanding it back to Jackson's court. As a result DOJ and Janet Reno
never had a chance to refute Microsoft's new "evidence".
To prevent this, Judge Jackson issued findings of fact, findings of
law, and the final remedy. He really didn't want to break-up
Microsoft, but Microsoft was so busy attempting to claim that Jackson
was an idiot that they just made the judge unwilling to continue the
remedy hearing. He would have been willing to entertain an argument
of why a break-up would be bad, but Microsoft was trying to claim that
the Judges prior rulings were completely wrong - but his rulings
weren't up for dispute.
When the jury rules guilty, the worst thing you could possibly do is
tell the judge that the judge and the jury were too stupid to
understand the facts, and that you shouldn't be punished for their
ignorance. The judge is very likely to give let you rant, then give
you the maxumum possible number of concurrent sentences, and set your
first eligibility for parole for about 200 years into the future.
Microsoft has settled hundreds of cases to preempt judgments, based on
preliminary rulings, usually getting immunity for it's executives in
the settlements, refusing to admit any wrong-doing, even though the
judge has ruled that wrong-doing was done in preliminary rulings.
Microsoft also has all the records sealed, so that the preliminary
rulings cannot be used against them in other cases. In addition, the
discovery from one case cannot be used in other cases. Even today,
the public documents from Combs vs Microsoft can't be used in future
court cases.
> <quote>
> They (Microsoft) have publicly admitted, in court, to fraud, extortion,
> blackmail, sabotage, and obstruction of justice,
> </quote>
> So I don't give a damn at all what some judge has to say because that's not
> the issue. The issue is your claim that Microsoft publically admitted this.
> Where is this public admission? Not what does some judge think or what
> some blogger said. Where is this public admission from Microsoft that you
> are claiming?
Microsoft executives described activities, including their tactics
used to prevent IBM from selling OS/2 and prevent OEMs from
preinstalling Netscape, describing acts which, if they had admitted to
FBI agents in recorded sessions - would have been grounds for
indictments. Judge Jackson declared informally that these were
criminal acts, based on legal definitions of the crimes listed above.
Microsoft has been under various investigations dating back to 1987,
when they were being investigated for fraud based on their use of
"vapor-ware". Microsoft's top executives admitted that they used
vapor-ware, and their defense was that all software companies try to
sell software that hasn't been released yet. The settled with the FTC
prior to the formal vote which went 5 to 4 in favor of not having
Microsoft indicted.
> > Windows NT 4.0 service pack 3 was released as part of a settlement
>
> Blah-blah-blah. Nobody cares about NT 4.0 service pack 3.
You get an answer, and you don't care - so then you change the subject
mid-paragraph.
> Where is the
> public admission by MS and where in the Vista EULA does it say anything
> about MS having the right to access any of your data for any reason.
Nice strategic subject.
Tell you what, you get me a copy of the exact wording of the Vista
EULA as it was included in the initial January 31 release of Vista,
and I'll highlight the clauses that give Microsoft the right to access
your data for any reason and give it ot anybody.
Microsoft licenses are written in "plain English" and are deliberately
deceptive.
From: http://download.microsoft.com/documents/useterms/Windows%20Vista_Ultimate_English_36d0fe99-75e4-4875-8153-889cf5105718.pdf
<quote>
Activation associates the use of the software with a specific device.
During activation, the software will send information about the
software and the device to Microsoft. This information includes the
version, language and product key of the software, the Internet
protocol address of the device, and nformation derived from the
hardware configuration of the device. For more information, see
http://go.microsoft.com/fwlink/?linkid=69497. By using the software,
you consent to the transmission of this information.
</quote>
Keep in mind that this information, combined with UUID information,
can be linked to other information such as your Active Directory
Kerberos encryption key, your Verisign encryption key, your e-mail
accounts, your web browser, and what 3rd party competitor software you
are using.
<quote>
During a validation check, the software will send information about
the software and the device
to Microsoft. This information includes the version and product key of
the software, and the
Internet protocol address of the device.
</quote>
If this information is provided to a 3rd party, it can be used to
identify you and monitor your activities.
<quote>
Consent for Internet-Based Services. The software features described
below and in the
Windows Vista Privacy Statement connect to Microsoft or service
provider computer systems over
the Internet. In some cases, you will not receive a separate notice
when they connect. You
may switch off these features or not use them. For more information
about these features, see
the Windows Vista Privacy Statement at http://go.microsoft.com/fwlink/?linkid=20615.
By
using these features, you consent to the transmission of this
information.
</quote>
<quote>
Computer Information. The following features use Internet protocols,
which send to the
appropriate systems computer information, such as your Internet
protocol address, the type of
operating system, browser and name and version of the software you are
using, and the
language code of the device where you installed the software.
Microsoft uses this information to make the Internet-based services
available to you.
</quote>
<quote>
Windows Update Feature. You may connect new hardware to your device.
Your device
may not have the drivers needed to communicate with that hardware. If
so, the update
feature of the software can obtain the correct driver from Microsoft
and install it on your
device. You can switch off this update feature.
· Web Content Features. Features in the software can retrieve related
content from Microsoft
and provide it to you. Examples of these features are clip art,
templates, online training,
online assistance and Appshelp. You may choose not to use these web
content features.
· Digital Certificates. The software uses digital certificates. These
digital certificates confirm
the identity of Internet users sending X.509 standard encrypted
information. They also can
be used to digitally sign files and macros, to verify the integrity
and origin of the file contents.
The software retrieves certificates and updates certificate revocation
lists over the Internet,
when available.
· Auto Root Update. The Auto Root Update feature updates the list of
trusted certificate
authorities. You can switch off the Auto Root Update feature.
· Windows Media Digital Rights Management. Content owners use Windows
Media digital
rights management technology (WMDRM) to protect their intellectual
property, including
copyrights. This software and third party software use WMDRM to play
and copy
WMDRM-protected content. If the software fails to protect the content,
content owners may
ask Microsoft to revoke the software’s ability to use WMDRM to play or
copy protected
content. Revocation does not affect other content. When you download
licenses for
protected content, you agree that Microsoft may include a revocation
list with the licenses.
Content owners may require you to upgrade WMDRM to access their
content. Microsoft
software that includes WMDRM will ask for your consent prior to the
upgrade. If you decline
an upgrade, you will not be able to access content that requires the
upgrade. You may
switch off WMDRM features that access the Internet.
</quote>
In very plain terms, you give Microsoft the right to examine ANY file
on your computer.
<quote>
Malicious Software Removal/Clean On Upgrade. Before installation of
the software, the
software will check and remove certain malicious software listed at
http://www.support.microsoft.com/?kbid=890830 (“Malware”) from your
device. When the
software checks your device for Malware, a report will be sent to
Microsoft about any
Malware detected or errors that occurred while the software was
checking for Malware. No
information that can be used to identify you is included in the
report. You may disable the
software’s Malware reporting functionality by following the
instructions found at
http://www.support.microsoft.com/?kbid=890830.
· Network Connectivity Status Icon. This feature determines whether a
system is connected
to a network by either passive monitoring of network traffic or active
DNS or HTTP queries.
The query only transfers standard TCP/IP or DNS information for
routing purposes. You can
switch off the active query feature through a registry setting.
</quote>
Microsoft can monitor all software you install, and all network
traffic.
You CAN switch it off, using Regedit - yeah, that's a trivial task.
<quote>
Use of Information. Microsoft may use the computer information, error
reports, and Malware
reports to improve our software and services. We may also share it
with others, such as
hardware and software vendors. They may use the information to improve
how their products
run with Microsoft software.
</quote>
<quote>
Use of Information. Microsoft may use the computer information,
</quote>
Note, this says ANY information on your computer. it is NOT limited
to
<quote>
error reports, and Malware
reports to improve our software and services.
</quote>
<quote>
We may also share it with others,
</quote>
Including any government agency, any political party, any political
committee, or any blogger likely to make the information public
anonymously.
It does not say information will be limited to software vendors and
will be used ONLY for improving how the software will work with Vista.
It also says they MAY use this information to improve how the software
works, but it doesn't say they may ONLY use it to improve how the
software works. They could also use it to embarass an unfavorable
governor (Spitzer), No restriction on how the information could be
used by Microsoft or anybody else they want to give the information
to.
No limitation on the information to be collected from the computer.
---------
Notice that the license is carefully worded, by giving you benign
examples of possible uses, encouraging you to assume that these are
the only possible uses. Yet, in numerous cases, Microsoft has stated
that it is THEIR interpretation of the contract that matters, not the
end user's "reasonable assumption".
If you accept the EULA license, you legally wave your right to privacy
and grant Microsoft legal permission to monitor ANY information
available on your computer (including the microphone and web-cam if
attached).
And no, there is no need for a warrant to get that information. All a
government agency has to do is request any information that Microsoft
might be able to collect.
> > The judge ruled against ....
> Blah-blah-blah. I don't care what the judge ruled. Where is the public
> admission by MS and where in the Vista EULA does it say anything about MS
> having the right to access any of your data for any reason.
Microsoft admitted to specific activities. The Judge(s) ruled that
these activities were illegal. In many cases, the specific crime was
cited. This is frequently a way for the judge to tell the defendent
(I've reviewed the evidence, you should settle or I'll throw the book
at you).
Microsoft often uses "Letter of the law" defenses, attempting to claim
that their licenses protect them from ANY claims by plaintiffs. They
consented to extortion and sabotage, therefore it's legal.
> > Microsoft lost a $200 million judgment to Stack
> Yeah Stacker... stack... 1990. Who ares. Where is the public admission by
> MS and where in the Vista EULA does it say anything about MS having the
> right to access any of your data for any reason.
You only want to hear what you want to hear, that you agree with.
> > In Caldera vs Microsoft -
>
> Nobody is asking about or cares about Caldera. Where is the public
> admission by MS and where in the Vista EULA does it say anything about MS
> having the right to access any of your data for any reason.
See above.
> > IBM testified that ...
>
> Blah-blah-blah. IBM is a bunch of dirtbag liars and I don't care what they
> testified to. Where is the public admission by MS and where in the Vista
> EULA does it say anything about MS having the right to access any of your
> data for any reason.
See above
> > The Combs vs Microsoft exhibits are
>
> That's nice but I don't care about Combs either. Where is the public
> admission by MS and where in the Vista EULA does it say anything about MS
> having the right to access any of your data for any reason.
See above
> >> So Rex - where exactly in the Vista EULA does it give MS the right to
> >> access any data on your computer at any time?
See above
> > Asked and answered. Previous COLA post.
>
> Where exactly.
<quote>
SCOPE OF LICENSE. The software is licensed, not sold. This agreement
only gives you some rights to use the software.
</quote>
<quote>
Microsoft reserves all other rights.
</quote>
Including the right to use any information stored on your computer in
ways NOT listed as examples - as described above.
<quote>
Unless applicable law gives you more rights despite this limitation,
you may use the software only as expressly permitted in this
agreement.
</quote>
In other words, until some judge rules that Microsoft may not engage
in the espionage that you have already consented to as part of the
license, you don't have a right to contest information found and
released or published by Microsoft or any other recipient of that
information.
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