Is the Linux advantage Free or Freedom?

I have been quite actively interjecting my own opinion in a thread on a website about Linux. I know, I know, don’t say anything if you can’t say something nice, but sometimes it’s just so much fun. There is actually quite a bit nice to say about Linux, I just happen to believe that it really belongs in the same place Unix does, on servers, maintained by really smart people who have good reason to use it. Ouch, maybe that’s a bit harsh, it is a cool desktop operating system… if you are pretty knowledgable to keep it running and do not mind the total lack of support from pretty much all major hardware and software vendors.

I wanted to repost a comment I made because I firmly believe it and think it brings to light a lot of the misconceptions of Linux. Kevin, a poster on this thread also believes, rightfully so of course, that his true reason for using Linux is the freedom, not the price or lack thereof. Kevin personally feels that he is shackled by proprietary tools. Now I am not sure if he would feel that he needed to be able to open up Photoshop, look under the hood and change and recompile it to fit his need (this seems pretty ridiculous to me) but he says:

You are all missing the point. What makes GNU/Linux great is that is is free software. Free as in freedom. What this means to the computer user is that you can make it do anything you want, without restriction. If you want to know how something works the documentation and the code is there for your perusal, unlike proprietary/closed os’s.

Whether Linux’s desktop market share grows or not is irrelevant. What matters is that it is free, and available to those of us that choose to free ourselves from the shackles of proprietary tools. And if you don’t think proprietary operating systems impose shackles on their users; next time a EULA pops up when you install something, actually take the time to read it. You’ll see just how restrictive most of them are.

How restrictive is Windows EULA (PDF Link) these days? It turns out the Windows Vista End User License Agreement is 14 pages. I will summarize these pages real quick so we can define these “shackles”

1. Defines that the Vista License refers to Vista Home Basic, Home Premium and Ultimate including updates, supplements, internet-based services and support services. Explains that if you do not agree you can return it to the retailer for a refund or credit and if they refuse contact Microsoft directly for a a refund, including a web address and phone number for more information on refunds. Begins section one explaining your license rights beginning with the ability to run it on a single computer with up to two processors. (Not cores, individual CPUs)
2. One user may use the software at one time (basically excludes using it as a terminal server) not including remote access, device connections. Although the media contains 32-bit and 64-bit versions, you can only use one of those two, meaning you can’t install 32-bit on one computer and 64-bit on another. You cannot use multiplexing or pooling technologies to get around one license per active user. Fonts, images, icons, sounds and media can be used, printed, etc. but cannot be re-used outside of the system. Activation is required and the software will request validation of activation to maintain updates and additional benefits.
3. Information about the software and hardware is sent to Microsoft during a validation check including the product key and your IP address. Microsoft does not use this to identify or contact you. Microsoft may reduce functionality of your software if it is found to not be properly licensed. In this case you may need to reactivate the software. You may only update your Microsoft software from authorized sources. Windows defender may remove or disable software on your computer if it is identified to be spyware or adware. It is possible that it may remove software that is not unwanted. Microsoft Internet-based services are included in this software. These services may change or be canceled at any time. Discloses a link to Microsoft’s privacy policy.
4. Lists Windows Update, Web Content Features, Digital Certificates, Auto Root Update, Windows Media Digital Rights Management, Windows Media Player and Malicious Software Removal/Clean On Upgrade as Internet-based services available to you.
5. Lists Network Connectivity Status Icon, Windows Time Services and IPv6 Network Address Translation Traversal Services as internet-based services available to you. Microsoft may use computer information, error reports and malware reports to improve software and services and may share it with other hardware and software vendors to improve their software that runs on Microsoft software. Explains this software is licensed, not sold and that the agreement grants you use of the software. Microsoft reserves all other rights unless applicable law gives more rights despite this limitation you can only use it how permitted by this agreement. You may not:
   • Work around technical limitations in the software;
   • reverse engineer, decompile or dissassemble the software, except and only to the extend that applicable law expressly permits, despite this limitation.
   • use components of the software to run applications not running on this software; (this is why WINE is usually illegal)
   • Make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
6. Continues that you may not:
   • Publish the software for others to copy;
   • rent, lease or lend the software;
   • use the software for commercial software hosting services;

   That you must comply with Microsoft’s policy on disclosing benchmark results of the .net 3.0 framework. That you may make one backup copy and use it only to reinstall the software. Any person with access to the computer may copy and use the documentation for internal or reference purposes. You may not resale software marked as “not for resale.” You must have a valid license for this copy to legally upgrade it. Explains how to tell if you have a valid proof of license. Explains you are allowed to uninstall this software from one computer and install it on another.

7. The first user may make a one-time transfer to another user. Discloses the MPEG-4 license. (not a Microsoft License) Discloses the VC-1 license. (Not a Microsoft license) Explains that 3rd party software is subject to it’s 3rd party license. Explains that this software is subject to US export laws and regulations.
8. Explains a valid license is required to receive support. Explains that the warranty is subject to compliance with the license. Defines applicable law for your region. Defines Legal Effect. Defines the limitation on and exclusion of damage.
9. Beginning of the Limited Warranty.
10. Conclusion of Limited Warranty.
11. Explains Vista Home Basic is limited to 5 connected devices via File Services, Print Services, Internet Information Services, Internet Connection and Telephony Services. Defines Remote Access Technologies as Remote Assistance or similar technologies and a session as interacting with the software remotely. Explains that other than the above listed technologies, unlimited device connections and remote access technology connections are allowed. Explains you may not use Home Basic within a virtual hardware system Explains Windows Vista Home Premium allows 10 connected devices via the above mentioned services, redefines remote access technologies exactly like Home Basic, same unlimited other remote connections, no use in a virtual environment and allows 5 concurrent Media Center Extender sessions. Explains the electronic program guide in Media Center is subject to it’s own license restrictions.
12. Continues Home Premium license restrictions: Explains not all media you request will be available in your language. Some countries our regions may restrict your access to certain content. Consent to update IR emitter/receiver firmware. Explains Media Center is not designed for use in every country. Notifies that MPEG-2 is subject to 3rd party license. Begins Windows Vista Ultimate license additions: You may store one copy of the software on a storage device and use that copy to install the software on any other devices the license allows. You may install the software on a network storage device such as a network server and use it to run the software on your licensed device over an internal network. Allows 10 connections of the above listed types.
13. Defines the session as above and allows session sharing. Allows any number of other connection types. Allows use of this version on virtual hardware. Allows 5 concurrent Media Center extender sessions. Duplicates Programming Guide license, related media language information, IR emitter notice, worldwide use of media center and MPEG-2 license information.
14. Finishes MPEG-2 license notice.

That’s it folks, that’s the entire End User License Agreement for all versions of Windows Vista. So let’s break down the real “limitations”:

1. You have to purchase it, you can’t let anyone copy it and use it, and you can’t publish it out for other people to download.
2. You can’t run it on computers with more than two processors, and a dual quad-core (8-core) computer still only has two processors, so unless you are trying to run it on a server, I don’t know of any consumer computers with more than two physical CPUs.
3. You can’t use it as a terminal server, one active user at a time, not including up to 5 Media Center extender sessions.
4. In order to keep your software up to date, Microsoft will make sure it’s a legally licensed copy and you may have to re-activate it to prove it’s legal. (This usually only happens if you change a significant amount of hardware)
5. Microsoft will use error reports to help improve Microsoft software and 3rd party software that runs on their platform.
6. Work around technical limitations in the software. This does NOT mean you can’t work around glitches or bugs, it means you can’t make changes to increase active connections, allow features your version does not support or do things that the license restricts. For example, cheat to connect Home Basic to a domain.
7. You cannot reverse engineer, decompile or modify the source code.
8. You cannot use Windows components to run Software on other systems. This is to prevent the common practice of installing Internet Explorer, Direct-X and other Microsoft technologies to run Windows software on Linux.

Now, first to cover my butt, these are my interpretations of the license, not legal advice. If you get busted doing something funny, don’t say I said you could. I do work for Microsoft and I am NOT a lawyer so again, these are just my interpretations of the license as downloaded from Microsoft.com.

Now that we know what you can’t do with Windows, let’s talk about what you CAN do. My response to Kevin’s comment was also rather long, but I think it’s totally relevant:

@Kevin: This is going to be long, and I don’t mean any disrespect, but lets break this down. It really IS about money and not freedom for a lot of people. First, a little background on me, I work for Microsoft (gasp, I know) but my last job I was a development manager for a Linux/Java (Redhat/BEA) shop. In my personal time I split between two Vista PCs, three Macs and two Linux machines if you count a VM on one of the Macs. I would consider myself quite well versed in Linux although I prefer Fedora to Ubuntu personally. I have compiled kernels and drivers, I have tweaked together video card drivers, edited xorg files manually, went through the HELL of getting the Beryl betas up and running, I am not ignorant to Linux.

In the last year I have purchased Vista, Leopard, Final Cut Express, Logic Studio, Photoshop CS4, Adobe Lightroom 2, Aperture, Office 2007, a variety of other audio software and plugins…I admit I got the MS software pretty cheap at the company store, but I would say I have spent at least $2k in software. My point is that I have the knowledge to use open source stuff, but it’s simply not as good. I have the money to use the software I want to use so I do.

Honestly, if price were no object, would you use Gimp instead of Photoshop? Would you use Open Office instead of Office 2007/8? Better yet, if you could get all the software I mentioned above, would you still go through all of the hassle to cobble a way to run it on Linux? When I sit down at my Mac Pro and fire up Logic Studio it screams, it’s stable, it just works (sorry to use marketing slogans ) when I want to put together a spreadsheet, I WANT to use Excel. What about 3D Studio, Autocad, Premiere, Final Cut, Mathmatica, Dreamweaver, Flash, ProTools, and don’t even start the conversation about games….

The point is computers are about software, the OS is a platform. I want it to stay the hell out of my way and let me get my work done. I am sure the argument can be made, any argument can, but really, open source applications are NOT better than any of the applications I listed. If you really need them, rely on them and use them completely, they just do not compare.

So yea, I don’t feel trapped by my EULAs, I do however feel trapped by my software choices when I am using Linux.

I don’t think there is much more to say. I use computers because of what the software allows me to do. I am not slamming Linux or Linux users in any way. I am just saying that the software I really want to use is on Windows, there is no denying that in MANY cases the proprietary software is better, more featured, more stable and has better industry and community support. The software also has the advantage of millions of dollars in research and development, user focus testing and cohesive development and testing. What is your opinion? Do you really feel limited by End User License Agreements? Is cost the real reason you don’t use (or legally use) Photoshop? Chime in!

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