3 ms·

If they are actually making copies of my documents, can anyone explain how Microsoft is not in blatant violation of the copyright laws of pretty much every coun

by einr 10y ago

If they are actually making copies of my documents, can anyone explain how Microsoft is not in blatant violation of the copyright laws of pretty much every country? They are actually potentially making unlawful copies of my copyrighted works, no? Not to mention that they are undoubtedly copying trade secrets, state secrets, private patient data from hospitals, and on, and on, and on... This seems like it should be an actual big deal. How is it allowed to continue?

H4CK3RM4N 10y ago
Because they're "not using the data". They would probably claim to be a dumb carrier(ala the postal service, even when mail is searched).
- xorblurb 10y ago
  Of course they are using the data. They are not collecting it (mainly) for the NSA, but primarily for themselves.
- hedora 10y ago
  Laws around copyright and state secrets don't have this idea of "using the data" you refer to. They focus on copying, since "using the data" would involve showing intent, which is hard to do. ISP's have argued that transmitting data doesn't count as making intermediate copies (even though router buffers do make copies), and the courts have largely bought that argument. (Also, there are laws specifically covering searching mail; the post office doesn't have to make legal arguments one was or another about it.)
  - marcosdumay 10y ago
    > ISP's have argued that transmitting data doesn't count as making intermediate copies, and the courts have largely bought that argument. And yet, the only reason EULAs are valid is because some court decided that copying software from the disk to memory for execution counts as making intermediary copies... Go figure.
zuminator 10y ago
There's a rabbit hole of nested terms that you consent to when using Windows software: https://www.microsoft.com/en-us/Useterms/Retail/Windows/10/UseTerms_Retail_Windows_10_English.htm https://www.microsoft.com/en-us/Useterms/Retail/Windows/10/U... "By accepting this agreement and using the software you agree that Microsoft may collect, use, and disclose the information as described in the Microsoft Privacy Statement (aka.ms/privacy), and as may be described in the user interface associated with the software features."
hedora 10y ago
You gave them permission to do all those things when you didn't cleanse your machine with fire after that automatic win 10 upgrade, even though you didn't have the legal authority to do so. I think that means you'll be the one going to jail in your hypothetical scenarios. I haven't read the EULA for windows 10, but I can't imagine the Microsoft legal team didn't think of this.

by einr 10y ago

H4CK3RM4N 10y ago

Because they're "not using the data". They would probably claim to be a dumb carrier(ala the postal service, even when mail is searched).

xorblurb 10y ago
Of course they are using the data. They are not collecting it (mainly) for the NSA, but primarily for themselves.
hedora 10y ago
Laws around copyright and state secrets don't have this idea of "using the data" you refer to. They focus on copying, since "using the data" would involve showing intent, which is hard to do. ISP's have argued that transmitting data doesn't count as making intermediate copies (even though router buffers do make copies), and the courts have largely bought that argument. (Also, there are laws specifically covering searching mail; the post office doesn't have to make legal arguments one was or another about it.)
- marcosdumay 10y ago
  > ISP's have argued that transmitting data doesn't count as making intermediate copies, and the courts have largely bought that argument. And yet, the only reason EULAs are valid is because some court decided that copying software from the disk to memory for execution counts as making intermediary copies... Go figure.

zuminator 10y ago

There's a rabbit hole of nested terms that you consent to when using Windows software: https://www.microsoft.com/en-us/Useterms/Retail/Windows/10/UseTerms_Retail_Windows_10_English.htm https://www.microsoft.com/en-us/Useterms/Retail/Windows/10/U... "By accepting this agreement and using the software you agree that Microsoft may collect, use, and disclose the information as described in the Microsoft Privacy Statement (aka.ms/privacy), and as may be described in the user interface associated with the software features."

hedora 10y ago

You gave them permission to do all those things when you didn't cleanse your machine with fire after that automatic win 10 upgrade, even though you didn't have the legal authority to do so. I think that means you'll be the one going to jail in your hypothetical scenarios. I haven't read the EULA for windows 10, but I can't imagine the Microsoft legal team didn't think of this.