EULA (Windows) vs. GPL (Linux): license duel

It is truly impressive how restrictive the Windows license is. It's true, we all know it… we've already suffered from Windows sometime. However, few have stopped to read the accompanying license.

Here is a brief analysis of some of its highlights and an interesting comparison between the Win 7 license and the "free" GPL license.


Next, Luis Alejandro Martínez Faneyth, the original author of this article, cites those extracts from the Windows 7 User License (EULA - End User License Agreement), which he has considered striking. You can find the full version of this license here!.

Only one user at a time and maximum two processors

SECTION 2: INSTALLATION AND USE RIGHTS
to. One Copy per Team. You may install one copy of the software on one computer. That team will be the "licensed team."
b. Licensed Equipment. You may simultaneously use the software on up to two processors on the licensed computer. Except as otherwise provided in these license terms, you may not use the software on any other computer.
c. Number of users. Except as otherwise provided in these license terms, the software may not be used by more than one user at a time.
d. Alternative Versions. The software may include more than one version, for example 32-bit and 64-bit. You can only install and use one version at a time.

Microsoft may use your information

SECTION 7: INTERNET-BASED SERVICES
b. Use of Information. Microsoft may use computer information, accelerator information, search suggestion information, error reports, and malicious code reports to improve the software and services provided. We may also share it with others, such as software and hardware vendors, who may use the information to improve how their products work with Microsoft software.

You pay for nothing

SECTION 8: SCOPE OF THE LICENSE
The software is licensed and not for sale. This agreement gives you only certain rights to use the features included in the version of the licensed software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may only use the software as expressly permitted in this agreement. In doing so, you must adhere to the technical limitations of the software that only allow it to be used in certain ways. Will not be able:

  • circumvent the technical limitations of the software;
  • reverse engineer, decompile, or disassemble the software, except and only to the extent expressly permitted by applicable law despite this limitation;
  • use components of the software to run applications that do not run on the software;
  • make more copies of the software than specified in this agreement or permitted by applicable law despite this limitation;
  • make the software public for others to copy;
  • rent, lease or loan the software or
  • use the software to provide commercial software hosting services. 

Comparing with the Free Software license

Basic features of the EULA

  • Copying and redistribution prohibited (copyright).
  • It can be used by a single computer with a maximum of two processors.
  • It cannot be used as a web server or file server.
  • Registration required after 30 days.
  • It might stop working if hardware changes are made.
  • Updates may change the EULA if the company so decides.
  • It can be transferred to the new user only once; The new user must agree to the terms of use (EULA).
  • Imposes limitations on reverse reengineering
  • Permissions are granted to Microsoft to collect information about the System and its use.
  • Permissions are granted to Microsoft to provide this information to other organizations.
  • Permissions are granted to Microsoft to make changes to the system without the consent of the user.
  • Warranty for the first 90 days, Updates, repairs and patches are not guaranteed. 


Basic features of the free GPL license:

  • Freedom to copy, modify and redistribute the software.
  • It prevents a group or entity from preventing another group or entity from having these same freedoms.
  • It provides coverage for the rights of users to copy, modify and redistribute the software.
  • It can be sold if the user so decides and the services related to said software can be charged. 
  • Every patent must be licensed for everyone's use or not licensed at all.
  • Modified software should not carry a license fee.
  • It must be provided with the source code.
  • If there is a change to the license, the general terms of the existing license are maintained. 

And you, which one do you stay with?

Source: Huntingbears


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  1.   maximogeek said

    And I forgot, since Windows XP (I'm not very sure about 2000) you have the option of installing the IIS 5.1 and FTP server, restricted of course to a single site but at the end of the day you have your Web and FTP server, on Mac OS? no, it is just an outline.

  2.   maximogeek said

    hahahaha it makes me laugh how linuxers rant against M $ when there is a much more sleazy company like crApple, that is, apart from what the Microsoft EULA says, you have to add that if you buy the Mac OS X license you can only use it on a computer made by them, which by the way is another PC with a tight and stupid design and is nothing more than an overpriced can of sardines.

    For now I am a fan of operating systems, but to the surprise of many I think that Windows (no matter how closed it is) is the best operating system, beyond being full of viruses, we are going as if Linux or Mac OS (with the recent mac defender) or any other operating system is immune to malware, and the truth is that OS are not immune to the common user.

    And I forgot, since Windows XP (I'm not very sure about 2000) you have the option of installing the IIS 5.1 and FTP server, restricted of course to a single site but at the end of the day you have your Web and FTP server, on Mac OS? no, it is just an outline.

  3.   msx said

    "I think windows (no matter how closed it is) is the best operating system"
    Your comment shows how ignorant you are - you're saying that the Flintstones trunk is a better car than a Porsche.

    "... beyond being full of viruses ..."
    WTF !! ?? "Junk food is the best there is, beyond cutting your life expectancy and making you suffer from all kinds of physiological problems"
    Do you read what you write? Do you think before writing? YOU THINK !? Nothing makes thin sense.

    "The truth is that the OS are not immune to the common user"
    Ubuntu and Mac are particularly APB (bullshit proof), Window $ is but to a much lesser extent.

    "You have the option of installing the IIS 5.1 and FTP server, clearly restricted to a single site"
    HAHAHAHAHA, great, go ahead and pay for technically mediocre software
    that restricts you to have only one site online… here, the idiots who use GNU / Linux (or BSD) have the misfortune of having the best free enterprise-class software in the world (or opensource at most) and free.
    In fact, with almost any GNU / Linux distro or BSD installation you can mount the same type of web server and ftp that hosting companies use, all thanks to the incredible community that works for the benefit of all where each of us contributes our grain of sand in our own area of ​​expertise ...

    »But at the end of the day you have your Web and FTP server, on Mac OS? no, it is just an outline. «
    A nonsense more than a limitation: MacOS is based on BSD (Darwin kernel) so 99% of GNU / Linux and BSD applications are available on MacOS.

    Grow up dear.

  4.   ByteCorrupted said

    I have never been affected by Windows license restrictions.

  5.   Otto said

    Let's say you are a somewhat cautious user and you do not use the administrator account in Windows, you are in your limited user account listening to music and reading your emails in the most relaxed way, then you want to install an X program, but how do you want to continue listening to your music you leave your session open with the player and open the administrator session to install the so-and-so program X, CONGRATULATIONS !!! you just violated your agreement with microsoft according to section 2-c

  6.   James russell moore said

    What a comparison, because I prefer the EULA; why? why not?
    - Copying and redistribution prohibited: that's fine by me.
    - It can be used by a single computer with a maximum of two processors: of course, since I have 200 separate physical processors (a quad core counts as 1) in my machine ... who do you know who has a desktop computer with more than 2 processors physical? I have only seen such configurations on server computers and if in such a setup you have to use Windows, the Server 2008 R2 supports more (64 the Datacenter version, up to 256 virtual). In any case, it must be clarified that the license studied is a Professional, Enterprise or Ultimate since the Starter, Home Basic and Home Premium only license 1 physical processor.
    - It cannot be used as a web server or as a file server: Not that I use it but where does it say that?
    - Requires registration after 30 days: ok, what? You register it and out, what a negative data.
    - It could stop working if hardware changes are made: it could ... but previous experiences tell me that enough hardware changes had to be made for that to happen. Not by expanding the RAM or changing the graphics card will it stop working.
    - Updates can change the EULA if the company so decides: that is a bitch, there I agree; but it doesn't worry me too much either.
    - It can be transferred to the new user only once; The new user must agree to the terms of use (EULA): because like most things in life, if you do not agree with the guarantees that a car insurer gives you, what do you not insure your car with them?
    - Imposes limitations on reverse reengineering: OK, how many commercial software companies use source (and object) obfuscators, protections and ciphers to try to prevent reverse engineering techniques? I don't know, this painting doesn't seem so weird to me.
    - Permissions are granted to Microsoft for whatever: another bitch, the part of the contract that regulates these things can become problematic when the day comes.
    - Guarantee for the first 90 days; updates, repairs and patches are not guaranteed: hahahaha, and how many Linux distros do they give?

    And after saying all these things ... why do I use Windows? Honestly, because it meets my needs. At the end of the day, all the bad things that may exist in this type of license lose force in favor of comfort, preferences, habit, necessity, ...

    Why am I not using Linux? Of course I use it, Arch specifically; for the same reason that I use Windows, it meets my needs, with my preferences, I feel comfortable using it, ... In fact, if I had more free time, I would write even more for Linux, or I would polish others that need improvements. There is always that wish list of projects to be implemented little by little :).

    I don't have a strong belief in Free Software, like everything in life there are people who are dedicated to the software business and sell what they do; I don't think that's why you should stop using that product (as long as you can afford it, you shouldn't encourage piracy either).

    EDIT: I would also stick with the GPL huh! It's a bit of a devil's advocate.

    1.    Carlos said

      You see no problem in the restrictions imposed by the EULA because you are already trained to function as it suits THEM what functions. That is why you do not know many people who have a problem with using only a physical processor, for example. Probably if the dominant operating system did not have those restrictions on its license, computing would be light years ahead of what it is now. There is also the fact that you do not live in the third world. Here money is a big restriction, not so much to pay for licenses but to pay for hidden malevolent impositions, such as having to update a machine as soon as Intel releases a new family of processors to be able to drag with the heavy antivirus, with the heavy desktop, everything spyware and on top of that having to buy the most expensive internet connection to be able to do your messy updates and worst: to send our personal information to Microsoft, NSA and others through hidden back doors, all this voluntarily accepted by those who Click I ACCEPT the EULA.

      Definitely here the theme is freedom, and it is very clear that not all slaves want freedom ... some are content with having a "good" master.

  7.   Pierr facu said

    I do not understand they make us VIOLATE from the beginning the Windows License since we acquired a machine with more than 2 processors ..
    So why do they sell machines with more than 2 processors with Integrated Windows ... I don't understand.

  8.   Pierr facu said

    Maybe I don't use windows .. but something to notice!

  9.   Julio Oña said

    Well, as they say, By dint of carrying a cross, custom ceases to be heavy. I've been using Ubuntu linux for 5 years against 20 using guinwous and it has no comparison with the advantages I receive.

    Now I am more free except for the blessed and distributed codecs of course. Someday I hope to be 100% free when the local folk begin to investigate.

  10.   Let's use Linux said

    I congratulate you and welcome to this wonderful world called Linux.
    Hopefully in this blog you can find interesting news that encourages you
    to continue investigating more about this wonderful OS.
    A hug! Paul.

    On July 7, 2011 04:03 PM, Disqus
    <> wrote:

  11.   Let's use Linux said

    Of course!
    A hug! Paul.

  12.   Ottove said

    Well, stay with your EULA and with your gpl and with the licenses that you want, for you and for everyone the restrictive will always restrict and the free will treat us freely!

  13.   Luisdark said

    Definitely with the GPL, what a crappy Microsoft license.

  14.   Martin said

    Excellent, the article. The license, crap, like Windows.

  15.   Ezequiel Bajo said

    Windows is as bad as cigarettes, I think people use it out of habit and nowadays it is not necessary.

    Very good

  16.   fer0 said

    I did not know this, one does not own the software under the Windows license, but gives you the permission to use it only and in a limited way.
    correct me if I'm wrong.

  17.   Mauricio Flores said

    Well, as long as the OS works as it should. It would be necessary to make the comparison with those of Mac, which are surely more restrictive.

  18.   Germail86 said

    The EULA sucks!

  19.   Let's use Linux said

    I understand that they are very similar to Windows.

  20.   Eduardo Battaglia said

    That's right, you buy the user license, not the software.

    It would be interesting to also compare the Apple license of its devices and OSs.

  21.   Victor morales said

    Well for me Linux (Ubuntu to be specific), it works as it should and does not restrict me in practically anything like the MS EULA, and whether it is Windows or Mac you still have to pay, of course all are points of view because someone who does not get Earnings from working with software is worth a peanut if it is pirated or if it is free, he only cares about surfing the internet, listening to music, watching videos and being able to chat which is the most common, those are like river stones, even if they are deep down they are fine.

  22.   msx said

    But you have to be * VERY * asshole to answer such a thing 😛

  23.   Izkalotl said

    Hello friend, I need to make a flyer or flyer about the EULA and GPL Licenses, I would like to know if I can take data from this excellent analysis for it, it would be with your respective thanks and a link to this document.

    Thank you

  24.   Let's use Linux said

    Lucky one!!

  25.   msx said

    Are you sure? It is very, VERY possible that you are violating a clause without realizing it ...
    On the other hand, if you use the computer to play, obviously you will not have major problems

  26.   Felipe Becerra said

    It's not about selling what you do, it's about respecting freedoms that should be basic, I guess you know what I'm talking about. Sell ​​what you want, but if I buy you what you sell ... why can't I use it as I please? Didn't I pay for it?