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Time:
11:06 EST/16:06 GMT | News Source:
ZDNet UK |
Posted By: Brian Kvalheim |
An automatic update for Xbox users removes a bug that allowed users to run Linux on their machines. Microsoft is updating Internet-enabled Xbox game consoles with a software patch that blocks users from installing the Linux operating system on the machine, and also apparently deletes some files Linux users have stored on the Xbox's hard drive, according to the Xbox Linux Project. The group also noted that some Xbox Live-enabled games appear to automatically connect to Microsoft servers, identifying the machine running the game, without the need for an Xbox Live account.
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#1 By
37 (64.109.30.2)
at
10/15/2003 12:06:27 PM
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Well, if you accept the terms and agreement when buying and setting up your Xbox out of the box, you will see Microsoft reserves the right to make such changes. This includes their Xbox Live service. If you don't like that idea, you better package that Xbox back up and take her back to the store where you bought it. See below:
5. RIGHT TO MONITOR AND DISCLOSE
Microsoft has no obligation to monitor your use of Xbox Live or retain the content of any user session. However, Microsoft and third-party game operators reserve the right at all times and without notice to delete any content and to monitor, review, retain and/or disclose any content or other information in Microsoft's possession, however obtained, about or related to you, your use of Xbox Live or otherwise as Microsoft deems necessary or useful to satisfy any applicable law, regulation, legal process or governmental request.
and
Microsoft reserves complete and sole discretion with respect to the operation of Xbox Live. Microsoft may, among other things: (a) restrict or limit access to Xbox Live; (b) retrieve information from the Xbox used to log onto Xbox Live as necessary to operate and protect the security of Xbox Live, and to enforce this Agreement and (c) upgrade, modify, withdraw, suspend, or discontinue any functionality or feature of Xbox Live or any game from time to time without notice, which may involve the automatic download of related software directly to your Xbox video game console, and which software may prevent your Xbox from accessing Xbox Live. Microsoft has no obligation to maintain any content or services, and has no responsibility or liability for the deletion, loss, corruption or failure to store any messages, software or other information or content maintained or transmitted by or through Xbox Live.
and
8. SOFTWARE AND CONTENT AVAILABLE THROUGH XBOX LIVE
All content and software (if any) that is made available to view and/or download in connection with Xbox Live ("Software") is owned by and is the copyrighted work of Microsoft Corporation and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). For any Software not accompanied by a License Agreement, Microsoft hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using Xbox Live in accordance with this Agreement, and for no other purpose. You will not acquire any right, title or interest in the same except for the limited rights expressly granted to you in this agreement. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA.
From:
http://www.xbox.com/en-US/live/legal/legal-tou.htm
So, if you don't read the EULA, or you you accept it without accepting the consquences, that is YOUR loss. MS told you in ADVANCE.
Just more proof of the Dumbing Down of America. Apparently us Americans don't read our owners manuals, eulas, etc. We just sue people and get pissed of without researching first.
<sigh>
This post was edited by AWBrian on Wednesday, October 15, 2003 at 12:09.
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#2 By
14091 (63.236.113.66)
at
10/15/2003 1:00:48 PM
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Microsoft made it's money from my purchase?
Actually, no they do not. Every game console on the market is sold at a loss with the hope that software purchases will make up the difference.
This post was edited by KevMo on Wednesday, October 15, 2003 at 13:01.
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#3 By
37 (64.109.30.2)
at
10/15/2003 1:30:51 PM
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bluesky,
I wasn't saying you! I was directing my comment to the article. Sorry! I was talking America in general. I was by no means attempting to insult you. Sorry if it appeared that way.
As for the other comments that other have made, please note when you buy an Xbox, you have purchased the HARDWARE, which you own. You don't own the software, you bought a license to use MS software, with restrictions.
This post was edited by AWBrian on Wednesday, October 15, 2003 at 13:33.
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#4 By
2960 (156.80.64.137)
at
10/15/2003 1:44:52 PM
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"Additionally, this wasn't a patch that was meant to target people running Linux; rather, it was a security patch that blocked the execution of any un-signed content."
That's the funniest thing I've read all day. Thanks!
TL
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#5 By
116 (24.173.79.86)
at
10/15/2003 2:00:07 PM
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Larry you obviously see why this has to be done right? If you can run unsigned code you can cheat at games. More than anything else that would ruin Xbox. More and more people are getting Xbox because people cant cheat at their games. See Counterstrike or any other PC game that is popular. Cheats come out like clockwork on the PC.
Peace,
RA
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#6 By
37 (64.109.30.2)
at
10/15/2003 2:01:46 PM
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PS 1 & 2 don't have the capabilities that Xbox have, so it's your loss I guess.
As for TL, do you actually think that MS wants an OS on their Xbox that could break down the xbox live network. MS wants an all Xbox to Xbox live system without the threat of some Linux hacker (apparently they have too much time on their hands). I am on Xbox Live and I don't want someone to hack my system or be on the network that I pay a yearly fee of $50 plus the price of games. I want Xbox to Xbox only.
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#7 By
7390 (198.246.16.251)
at
10/15/2003 3:00:42 PM
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I have a moded Xbox and I thank my lucky stars that I didn't connect to Xbox live. And I don't think that I will at least on this Xbox. Basically speaking the Executioner 2 mod chip turns your Xbox into a network media player.
Here is how I use my "Network Media player", keep in my that I have a front Projector (Sony Cineza) so I am viewing files like I am at the movies :)
1. Download games from the web and FTP them to my Xbox Nothing beats playing Halo life size.
2. Download music video and "stream" them to Xbox when I am entertaining guests.
3. Download Movies and "steam" them to my Xbox.
4. It can copy ANYTHING that is in the CD ROM picks ups.
I would even argue that a Hacked Xbox is more important than a TIVO! It can't record individual shows but then again you can download the entire season from any decent Bit Torrent site.
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#8 By
37 (64.109.30.2)
at
10/15/2003 3:52:15 PM
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#15, do you have ANY idea as to what you are talking about?
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#9 By
3339 (64.160.58.135)
at
10/15/2003 5:35:34 PM
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Brian, just curious if you think tht it is okay for Microsoft to create whatever restrictions they desire and to put it in the EULA and the rest: Buyer Beware! Or do you think that there could ever be the possibility (and I'm not suggesting this one -- just the possibility) that Microsoft can be too restrictive in their licensing, in fact, require the user to submit to provisions which could be deemed unenforceable? Just curious.
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#10 By
1845 (12.209.152.69)
at
10/15/2003 6:08:39 PM
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cba, when you buy a house the previous owner generally doesn't place any restrictions on you, but the mortgage servicing company certainly does. I wonder what the difference is. They provide a service, the money to buy your house, and you agree to their terms - carry mortgage insurance when LTV is greater than 80%, home owners insurance, etc. Often, if you don't abide by their restrictions, they'll attach insurance policies to your account and bill you for them. This isn't the exact same as, but pretty similar to, Microsoft's actions with XBL.
Now that I think of it, the last time I played Diablo II, I had to download the latest patch before I can join a game. But didn't I buy the software?! Yes, but I can only use it on Blizzard's network in accordance with Blizzard's terms.
Aside from that, though, so far as I'm aware there is no legal ruling on the legality of EULAs. In like manner, there is no ruling on the GPL. Interesting that the GPL is just as restrictive if not moreso than those of commercial code.
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#11 By
1845 (12.209.152.69)
at
10/15/2003 6:10:31 PM
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oh, cba, with my comment about GPL, I wasn't implying that you are a GPL supporter. I only used that to indicate that Linux, which is a GPL'ed software package, has similar restrictive licensing that the XBOX software does.
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#12 By
37 (64.109.30.2)
at
10/16/2003 12:29:13 PM
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#24, it appears you are reading it wrong then :D
if i store information on MY xbox the information is not in microsoft's possession. Therefore it does not have the right to delete or change any of this information.
The hardware is yours, but the software and intelligence is NOT yours. So Microsoft DOES have the right. And the information they obtain from your Xbox is in their possession.
any information stored on my xbox not related to microsoft or xbox live is obviously not going to interfere with the logon process, security thereof, or interact in any way with xbox live. Again, nullyfying microsoft's right to modify / delete non XBL related material.
Wrong again. Information or software stored on your Xbox CAN interfere with the logon process, security of the Xbox and it's network. This doesn't nullify any rights.
again, linux and any other non-ms software / data stored on the xbox hardware is not 'made available' by microsoft, is not copyrighted by microsoft, and does not fall under the umbrella of software modifyable by microsoft or third-party game publishers.
Again, you are incorrect in your *assumptions*.
It's similar to microsoft saying it can delete data stored on a windows pc using windowsupdate, purely because it's a windows pc. All too often EULA's contain the same kind of broad catch all which allows them to do anything they want. However as we all know, microsoft has been caught out on these issues before.
It's not similar. Your PC is not Microsoft Hardware, and your PC is not running on Microsoft's Xbox Live service. There is a difference between a PC, and a game console that is closed which has intellectual rights, which can be enforced by law and the acceptance of the EULA. Please show where MS has been "caught out on these issues". If one accepts an EULA, it is enforceable (at least in the United States of America).
I believe you should spend more time researching legalities of business (I have two years of business law), as you would be surprised.
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#13 By
37 (64.109.30.2)
at
10/16/2003 12:31:30 PM
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#23, no you have not paid completely for the product. When you buy an Xbox, you purchase the hardware, however:
1. You don't purchase the intellectual rights to the property.
2. You don't purchase/own the software that is bundled with the hardware
3. You don't purchase/own the Xbox Live service
You only purchase a license to USE the software that is included with the Xbox, with restrictions. You also only *subscribe* to Xbox Live service, with restrictions.
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#14 By
37 (64.109.30.2)
at
10/16/2003 12:35:26 PM
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Brian, just curious if you think tht it is okay for Microsoft to create whatever restrictions they desire and to put it in the EULA and the rest: Buyer Beware!
Yes, I think it's 100% perfectly acceptable. It's the BUYERS choice as to whether or not they accept such terms. If not, they can buy a competing product or buy nothing at all.
Or do you think that there could ever be the possibility (and I'm not suggesting this one -- just the possibility) that Microsoft can be too restrictive in their licensing, in fact, require the user to submit to provisions which could be deemed unenforceable? Just curious.
No, I don't think they could be too restrictive. I think they could be as restrictive as they wanted. If they had an EULA that said they could whipe my Xbox clean of everything, including their own software and make it turn into a toaster via Xbox live, then so be it. If they can do that, then I wouldn't buy the product personally, but that is their choice.
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#15 By
8589 (66.169.175.16)
at
10/17/2003 12:08:54 AM
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I always thought Linux on an XBOX was the most inane thing yet. What is next, programming a toaster to wash clothes?
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