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Microsoft Ceases AutoPatcher Project


dread

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They got a petition now or you can tell Microsoft what you think by going here. Look at this post jcarle. You could always ask on the topic in the forum in the link I posted originally. Everyone should spread the word about the petition. I would check back at Neowin they have some updates on the story, Microsoft Remains Silent on AutoPatcher.

What is the deal with MSFN showing ZDNet Australia as having the full story. Neowin is the first place to report it and Autopatcher used them as their forums and where all the latest updates and news are at for this.

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Everyone, it's in the EULA that ships with every update package, and also you can find this in the Windows Update Terms of Service link as well - you are not allowed to redistribute updates from Windows Update or Microsoft, nor are you allowed to make any money from them:

DESCRIPTION OF SERVICES.

Through its network of Web properties, Microsoft provides you with access to a variety of resources, including developer tools, download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

PERSONAL AND NON-COMMERCIAL USE LIMITATION.

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

And, if you install an update, you agree to the terms of the update's EULA:

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.

Any software that is made available to download from the Services ("Software") is the copyrighted work of Microsoft and/or its suppliers. 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"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

They also sold CDs and DVDs of the autopatcher discs, which violates the EULA as well.

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Everyone, it's in the EULA that ships with every update package, and also you can find this in the Windows Update Terms of Service link as well - you are not allowed to redistribute updates from Windows Update or Microsoft, nor are you allowed to make any money from them:

And, if you install an update, you agree to the terms of the update's EULA:

They also sold CDs and DVDs of the autopatcher discs, which violates the EULA as well.

So WUD is not infringing on the EULA since it doesn't redistribute the updates but instead downloads them directly from Microsoft onto the user's computer. WUD acts in the same way as a non-microsoft browser would, like Firefox. No?

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So WUD is not infringing on the EULA since it doesn't redistribute the updates but instead downloads them directly from Microsoft onto the user's computer. WUD acts in the same way as a non-microsoft browser would, like Firefox. No?

The more I think about it, the more I think that it's a grey area, but there are other products out there do the same type of thing (like BigFix, Tivoli, etc - not to mention SMS/SCOM from Microsoft that can do this), so I'd say there's no harm in it, as there's commercial precedent. I could always be wrong, mind you :), but I think in this case since WUD doesn't distribute anything, it should be OK.

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  • 2 weeks later...
  • 4 weeks later...
So WUD is not infringing on the EULA since it doesn't redistribute the updates but instead downloads them directly from Microsoft onto the user's computer. WUD acts in the same way as a non-microsoft browser would, like Firefox. No?

Jcarle has a good point

Edited by legolash2o
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  • 2 weeks later...
If M$ takes RyanVM Update Pack down, I'll switch to Kubuntu and Windows XP will be for games only.

If M$ takes RyanVM down, I'll switch to Kubuntu and give all my games away. Games aren't worth it to me to keep supporting a business who pulls crap like that.

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If M$ takes RyanVM down, I'll switch to Kubuntu and give all my games away. Games aren't worth it to me to keep supporting a business who pulls crap like that.

I'm guessing if they hadn't made the CDs and SOLD them, they probably wouldn't have drawn ire (or, at least not yet). How is Microsoft not allowing an unlicensed 3rd party to resell their code "pulling crap"? If you resold Citrix hotfixes (for a profit, no less) on CD, would it not be OK if Citrix forced you to stop?

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Some sites, and not those from the manufacture, are asking cash to download drivers from there site, I hate that too... Free updates, drivers, firmware or software sold when it’s for free normally, even when it’s on CD/DVD. And then there is the “rule” and “law” part…

I stand behind cluberti here, although M$ has a big mouth ;).

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If M$ takes RyanVM down, I'll switch to Kubuntu and give all my games away. Games aren't worth it to me to keep supporting a business who pulls crap like that.

I'm guessing if they hadn't made the CDs and SOLD them, they probably wouldn't have drawn ire (or, at least not yet).

It's that "not yet" part that worries me.

How is Microsoft not allowing an unlicensed 3rd party to resell their code "pulling crap"?

It isn't. But there's always been an element of control-freakism behind many of the things Microsoft does, and I think they would have gone this route eventually anyway. The primary reason they cited wasn't even the selling of CDs, it was that they wanted people to get updates from "trusted sources only," i.e. their own website that's entirely under their control. Whether it's for benevolent purposes (protecting against malware) or not (stealth updates), the result is the same: needing the blessing of Gates to get your patches.

Also, frankly, I like AutoPatcher more than I like Microsoft or Windows, and so I'm inclined to side with Kaladis on this one, based solely on my subjective opinions and fancies. Even if I weren't an AP fan by experience, it's obvious that AP has good intentions in what it tries to provide, and MSFT putting the kibosh on that and forcing users of varying degrees of Internet connectivity to download multi-hundred-megabyte batches of updates, when not all of them know how to slipstream said updates (or are not experienced enough to be comfortable doing so) seems petty and unnecessary, regardless of whatever anti-malware intentions they claim to hold. If they'd release update rollup packs more often, like they did post-SP4 for Win2K, maybe it wouldn't be so much of a problem, but as it is they're really just hamstringing users who want the extra convenience of having a one-stop shop for patches.

If the AP folks were selling those CDs at the cost of blank media and shipping, MSFT can go pound sand for all I care. If they were selling them at a profit, then I'll readily agree that MSFT has a legitimate complaint. Still, though, they should have demanded the CD sales to stop, rather than demanding the plug be pulled on AutoPatcher.

As for RyanVM, I would take any actions against it or other companion utilities like it (nLite/vLite/WPI/HFSlip) to be the start of a witch-hunt. If AP remains an isolated case, I'm willing to accept (over time) that maybe someone did have concerns over malware or that it was the selling of CDs that set off the people at MSFT. However, if more apps like it start coming under attack, it's going to be very hard to believe that MSFT isn't just being petty and controlling like it seems their nature to be. Especially when these are free, safe, and OPTIONAL utilities that are only there to help and that do no more harm to MSFT than pointing out shortcomings in the default Windows installation/update/customization facilities.

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If the AP folks were selling those CDs at the cost of blank media and shipping, MSFT can go pound sand for all I care. If they were selling them at a profit, then I'll readily agree that MSFT has a legitimate complaint.

That was the stated reason, that they were skimming a profit above and beyond media and shipping costs. I don't know if it was true or not, because obviously I don't know how much it cost them to produce these, but that was the reason stated.

As for RyanVM, I would take any actions against it or other companion utilities like it (nLite/vLite/WPI/HFSlip) to be the start of a witch-hunt. If AP remains an isolated case, I'm willing to accept (over time) that maybe someone did have concerns over malware or that it was the selling of CDs that set off the people at MSFT.

I'm pretty sure that other utilities that point users to the microsoft download servers don't have to worry about being "gone after", but projects with the visibility of AP and supposedly making money off of Microsoft code (patches), that's gonna get you shut down.

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