Vista License Limits Benchmarks

[Capper]

From PCWorld

License transfers aren't the only thing the End User License Agreement for Microsoft Windows Vista limits. The license also puts restrictions on how benchmarks of certain components of the operating system can be published, another issue that is raising eyebrows as Microsoft still has not clarified how changes will specifically affect users.
According to the Vista user agreement (EULA), because the OS contains "one or more components" of the .Net Framework 3.0, users can conduct internal benchmarking of those components, but can't disclose the results of those benchmarks--or measurements to compare rival products--unless they comply with conditions found at a Microsoft Web site.
Several attempts to reach that Web site to see what those conditions are for benchmarking were unsuccessful on Tuesday, as the page for unknown reasons could not be displayed in Internet Explorer 7.
Restrictions Panned

Several published reports and open-source proponents have raised concerns about this terminology of the Vista license, claiming it limits the benchmarking of Windows Vista that can be published because of the inclusion of the .Net Framework. While benchmarking is still possible, Microsoft is in control of how that information is released, and the company can change the rules on the "conditions" Web site at anytime. This could make it difficult for anyone to get a clear idea of how the OS and certain components perform, critics said.
"To be in control of what is published seems to be the logical consequence of Microsoft's policy," said Joachim Jakobs, a representative for the Free Software Foundation Europe, via e-mail. He cites several instances in which this behavior around benchmarks is consistent with other efforts Microsoft has used to control the use of its software, such as its litigation against companies it says violates patents Microsoft owns, and the company's continuing antitrust tussle with the European Union.
Microsoft said Tuesday that on Thursday it will clarify issues raised by changes in Vista licensing--including ones around benchmarking. User concerns over Vista licensing began several weeks ago when it was disclosed that Microsoft is limiting the number of machines to which users can transfer licenses to one as part of the changes.
'Indecipherable' Licenses

To be fair, the limitations on .Net Framework benchmarking are not new--they have been around since Microsoft introduced the development framework. But benchmarking and other limitations in Windows Vista brings to light a larger issue about the operating system's licensing in general, said Michael Cherry, an analyst with Directions on Microsoft in Kirkland, Washington.
"My bigger issue with the license in general is that it's just indecipherable," he said. "There are a lot of terms that are probably more important to me than benchmarking, but how do I find them among these obscure things that are unclear about what I can or cannot do?"
Joe Lindsay, chief information officer for Secured Funding, a mortgage firm in Costa Mesa, California, agreed that licenses for commercial software are getting particularly hard to understand, and he thinks it's driving more people to view open source as a viable alternative.
"These licenses are getting increasingly more confusing," Lindsay said. "Part of the reason people find open source so appealing is [they think,] 'I just want software. I don't need a lawyer, I need an OS, some hardware and a programming language and then leave me alone'."
Are Benchmarks Needed?

However, Lindsay said he wasn't troubled by any limits on Vista benchmarking, since "most people who've been around awhile know that benchmarks are not worth the paper they are printed on."
Similarly, Lindsay said he is unfazed by all the hype surrounding the imminent arrival of Vista, saying his company is looking at it but will only upgrade when they can "justify the cost."
"Vista is just an evolution of Windows XP," he said. "It still requires a mouse, a keyboard and a file system and it runs Office. Is it really that revolutionary? No. I want it to read my mind. When it can do that, then I'll be impressed."

[yurimxpxman]

So basically they're saying that we're not allowed to tell people the truth of well Vista performs compared to other platforms. Right?

[One4yu2c]

Originally Posted by yurimxpxman

So basically they're saying that we're not allowed to tell people the truth of well Vista performs compared to other platforms. Right?

You'll have to wait at least one more day for a clarification on what they're saying...

Originally Posted by PCWorld

Microsoft said Tuesday that on Thursday it will clarify issues raised by changes in Vista licensing--including ones around benchmarking.

[jph1589]

" "Vista is just an evolution of Windows XP," he said. "It still requires a mouse, a keyboard and a file system and it runs Office. Is it really that revolutionary? No. I want it to read my mind. When it can do that, then I'll be impressed." "

I hope they can read my mind!! LOL!

[Captain Crunch]

On that note when Vista can produce a virtual girl and send electrical signals to my brain..........Well I'll buy 10 copies.........You know for when the others wear out!

[wtcnbrwndo4u]

I'm gonna stick with XP for about 6 months to a year.

[polobunny]

Let's wait for clarifications.
But if that is true, the only reason i'd see why M$ is stopping us from comparing cross platform is because Vista will be crappier than XP. ;D
Else, what are they fearing?

[MantaBase]

Originally Posted by polobunny

Let's wait for clarifications.
But if that is true, the only reason i'd see why M$ is stopping us from comparing cross platform is because Vista will be crappier than XP. ;D
Else, what are they fearing?

They fear the Apple - they Fear the Penguin - they fear anything they can't control!!

Actually, I've found that its generally a lawyer issue. The Op/Eds will be flying though!! If MS keep it up, they may have the most popular operating system ever - XP.

Manta

[stinger608]

So, it is basically what I said a month ago or so, that Vista is going to be a stepping stone to a better OS in the near future!!! Kind of like the big POS Windows ME

[wtcnbrwndo4u]

Originally Posted by MantaBase

They fear the Apple - they Fear the Penguin - they fear anything they can't control!!

Actually, I've found that its generally a lawyer issue. The Op/Eds will be flying though!! If MS keep it up, they may have the most popular operating system ever - XP.

Manta

Man, OSX is so much better than XP. I love OSX.

Psst... I let you guys in on a secret. I'm dual-booting OSX and XP.