I tried to more succinctly demonstrate the illegality of the EULA, here
. See if that helps. A copy of it follows below the ===, slightly reformatted:
Don't forget paragraphs 2 and 3 of aka.ms/msa
in Paragraph 1bi and 14 of the EULA, a link you must paste in a browser to read, even though you can't have a browser until after you've installed and therefore accepted the EULA unread!
-- which grants MSFT sovereignty even your own nation will not exert over you (bolding added, in the quote):
Microsoft Services Agreement Paragraph 2 wrote:
To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Microsoft products and services, you grant to Microsoft a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service.
Now, ask yourself this question: what private content on your machine could ever be needed for Microsoft's own services? MSFT has no right to access my or my clients' tax returns which I did on my machine. Nor, any of my emails. Nor, any of my other stuff I do on that machine which is NOT related to browsing on the internet. So this is one big data slurp which can kill me and my contacts at any time!
Google restricts its usage to online content. But MSFT invades my HOME and small business??!
Read with it, the aka.ms/privacy
which is Paragraph 3 and 14 of the EULA, which reads (third physical paragraph
visible only after you click 'Learn More')
Then, the kicker, "Microsoft Services Agreement Paragraph 3"Colors added, but bolding is in the original: notice how the red terms are not defined, not subordinated to duly constituted legal authority, so then MSFT is asserting suzerainty over you as if it was your country instead. Notice also that MSFT itself is breaking every term in red itself, by what it collects. Notice also how a great deal of innocent activity could be misconstrued, as in the movie Brazil (Buttle instead of Tuttle), but most of all, how there is NO DUE PROCESS to establish guilt or innocence or even the definitions of what might constitute infractions. Totally unconstitutional.
Reasons We Share Personal Data wrote:"We will access, disclose and preserve personal data, including your content (such as the content of your emails, other private communications or files in private folders), when we have a good faith belief that doing so is necessary”
The brown terms are where MSFT itself asserts enforcement rights. As in, brown shirts. For the action is arbitrary and capricious (legal term meaning abuse of a fiduciary responsibility), and above all, UNILATERAL. Again, bypassing due process of law.
Microsoft Services Agreement Paragraph 3 wrote:
3. Code of Conduct.
a. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
i. Don’t do anything illegal.
ii. Don’t engage in any activity that exploits, harms, or threatens to harm children.
iii. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
iv. Don’t publicly display or use the Services to share inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity).
v. Don’t engage in activity that is false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
vi. Don’t circumvent any restrictions on access to or availability of the Services.
vii. Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, communicating hate speech, or advocating violence against others).
viii. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs).
ix. Don’t engage in activity that violates the privacy of others.
x. Don’t help others break these rules.
b. Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your Microsoft account or Skype account. We may also block delivery of a communication (like email or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, Microsoft reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.
So notice: registry hacks or GPO settings to recapture privacy, since they are NOT the defaults in MSFT, could be construed to violate Paragraph 3's "vi. Don’t circumvent any restrictions on access to or availability of the Services
." Ooops. EULA violated, now MSFT can do the brown stuff
. Bork your OS.
This is why I'm so adamant and witchy in that ZDnet article,
accusing Ed Bott. He glosses over all this. It's in print, for crying out loud, and he denies it? MSFT does nothing, none of the pundits call attention to this, they all gloss over it? NOT TIN FOIL, k, to wonder why all this silence over language you see yourself, violates your citizenship rights and that of your nation, as well?
One dingdong in that article who can't read very well, kept on saying that since 'the Services' meant only certain things here
, that it wasn't an issue. Really? First of all, he ignores the beginning of the EULA, which reads, in the first three paragraphs (on your root Windows/System32/license.rtf), with color
added, black bolding native to the doc:
So you have to agree to ALL of the terms even if you don't use the services.
Microsoft Licensing Agreement wrote:
Depending on how you obtained the Windows software, this is a license agreement between (i) you and the device manufacturer or software installer that distributes the software with your device; or (ii) you and Microsoft Corporation (or, based on where you live or if a business where your principal place of business is located, one of its affiliates) if you acquired the software from a retailer. Microsoft is the device manufacturer for devices produced by Microsoft or one of its affiliates, and Microsoft is the retailer if you acquired the software directly from Microsoft.
This agreement describes your rights and the conditions upon which you may use the Windows software. You should review the entire agreement, including any supplemental license terms that accompany the software and any linked terms, because all of the terms are important and together create this agreement
that applies to you. You can review linked terms by pasting the (aka.ms/) link into a browser window.
By accepting this agreement or using the software, you agree to all of these terms, and consent to the transmission of certain information during activation and during your use of the software as per the privacy statement described in Section 3. If you do not accept and comply with these terms, you may not use the software or its features.
You may contact the device manufacturer or installer, or your retailer if you purchased the software directly, to determine its return policy and return the software or device for a refund or credit under that policy. You must comply with that policy, which might require you to return the software with the entire device on which the software is installed for a refund or credit, if any.
In other words, the services aren't alone 'covered' by Paragraph 3, but EVERYTHING, since you must agree to ALL of it, even if you don't use the listed services. Putting the aka.ms/msa in Paragraph 14 of the EULA is the clincher, as it's made severally there part of the ENTIRE Agreement, alone with aka.ms/privacy . For they are separately listed in Paragraph 1b.(i) and 3, respectively. So if not meant to be TOTAL pan-Agreement, then they shouldn't be affirmatively listed in Paragraph 14, too.
Secondly, and bigger, is that the 'Services' and 'Service' are used interchangeably. Then, when you look more closely at the 'Services', you find Bing among them, which is the heart of Cortana, and your own searching on your own machine is run by Bing, not merely for the internet. So what, you must avoid searching on your own machine, to avoid Paragraph 3? You certainly have to avoid Edge, IE11, and Cortana!
So you see, sly clever language ends up meaning your entire OS is borked by the brown shirts who unilaterally decide with NO DEFINITION GIVEN TO YOU IN THE EULA, all that red stuff. Which, your own country has the right to adjudicate, not MSFT, and certainly no arbitration board!
But oh the MS fanboys will call us tin-foil nutters, to demand due process of law instead? What, do we need an American Revolution again, this time fighting MSFT instead of George III?
It's not possible to say anything good about MSFT so long as Paragraph 3 exists. It's this paragraph which essentially justifies and even mandates they snoop on ALL the activity on your computer, ALL the data in and cycling through it, private and online, in order to ENFORCE paragraph 3.
Pox on Ed Bott and all the MS fanboys for glossing over it. Paragraph 3 bypasses due process of law. So very simply, NO DO NOT GET WINDOWS 10 until this heinous EULA is corrected. And if not corrected, you harm anyone with whom you correspond, compromising THEIR data, so long as you use Windows 10.