Is hosting modified Windows file legal?

[Vel Straty]

Just a little question..

I'm thinking of hosting modified Windows files that I've done but is it legal or illegal to post it on the web?

[MCT]

i THINK modifying ANY windows files is illegal, so distributing it definatly is.. read ms EULA, its been awhile since i read it

[Vel Straty]

Thought so, but just asked.

How about those sites with logoni.exe's or MSFN with those hacked stuffs?

I'm just wanting to share the stuffs that I have and for the future stuffs that i'll create, and since MSFN doesn't have the space to put it in organized matters I just thought of making my own place.

[MCT]

i maybe wrong, but i thought distributing those files goes against ms's COC.. maybe someone else will respond tho

[prathapml]

Its not illegal as such - 'coz its not going against any law.

The constitution is not telling you to stay away from modifying windows files.

But what it *IS* - is against the terms of the MS-EULA - which you (supposedly) agreed to, when you opened the box/package that contained the Windows CD. As for those sites with modified logonui's and patched what-not.... MS isn't bothering about those, simply because it poses no threat to them. In fact, its in their interest, that you stay excited about their OSes, and innovate new ways to drag other people into getting locked into their platform.

For example, the moment there's any file-modification out, regarding breaking activation or something - you can be sure MS will try to get that info/file taken out.

So what's the final verdict?

Your modified files should be of the harmless type - that's quite okay to have hosted on the web, in the sense that MS won't bother about it, and nor will you be doing anything illegal.

PHEW!!!

(yes, yes.... don't tell me - I know its too lengthy )

[Vel Straty]

Thank you MCT and prathapml!

It's good to have those kinds of answers that lets you get motivating to do something!

And no, I'm not trying to host something stupid like breaking the Activation or something similar, just trying to enhace the GUI my-style and sharing it on the web like the web graphics out there!

I'll be getting ready for it!

Thanx again!

[sleepnmojo]

Actually it is illegal. It violates copyright law. However most companies turn a blind eye to some modifications, as it improves the user's experience.

If MS made a fuss over login modifications, theme hacks, etc. There would be a lot of dissent from users. Also given the fact that it would be nearly impossible to stop, and making a fuss over it would make them look bad.

Most files shared are rather harmless also. Most people don't change code, ie in shell32, logonui, etc; just the resources. These could be shared by themselves, if they need to be, and make the user do it.

[SiMoNsAyS]

let's start saying that you can download ANY file from the inet as long as you delete it after 24h, so the argue can be "download the modified file, check it and improve those hacks into your own file".

now back at the question host a modified file it's illegal but again you can upload it for 24h, or simply advice people that they need to delete them.

[prathapml]

@SiMoNsAyS

What would be the use of 24 hours?

Because, (if I am in his place) and I have made a new msstyles.dll (visual style) or a logonui.exe, or a resource-edited shell32.dll for Mac OSX style (or for whatever reason). I would have to host it on the site, and then go around announcing it - to classmates, friends, and online contacts. So each of these ppl aren't going to download it the minute I tell them. They will write it down somewhere, forget it for a week (or month, or 6 months), and then suddenly remember that "http://www.XYZ.net/macosx/shell32.dll" is needed by them for what they are trying to do. And by then, 24 hours is loooong past. Also, hardly 1 percent of people who have this "visual-improving" passion (those who use other logons, themes, etc.) have the ability to do the needed edits by themselves - the majority of them simply use files readily given to them.

Just registering one down-side that I think it could have, that's all....

Having it hosted for just 24 hours is nothing. Yes, it might be not clearly allowed for you to modify files, but look at the thousands of sites that do it! (biggest example: themexp.org, wincustomize) And MS is not a bit bothered - its all the better for them, since you leave behind win98/2k and move to XP to be able to do all those cool new things. Nope, if you aren't doing cracking or something of the OBVIOUSLY illegal sort, you have nothing to fear. You can host for as long as you want.

[baggers02]

I always thought the government made laws, not microsoft. As for breaking copyright laws, I don't think it would break copyright laws, if you took the file and then used it in your own os, you developed, then yes; but using it on the os it came with i am sure does not break copyright.

[XPero]

Ouch! I think I'm gonna go to jail with XPize

Well, I don't know if it is illegal or legal, but what I know is that getting some modified Windows files will not make you an OS. I mean, you have to buy the OS, obviously. So, I think these modified files are good for M$ because they give "life" to their OS, people will talk about their OS...in conclusion: PUBLICITY

[CoffeeFiend]

As far as my legal knowledge goes (I'm no lawyer - but I got a good one ) it IS illegal to host the files making up the OS without their consent to redistribute it. The files are compiled code, it is copyrighted, it's intellectual property (with the exception of freeware and such - and even then you might need the author's consent).

As for modified/hacked files (i'm not talking about "cracks" so you don't need to pay for it). Well, again it's very arguable. If it's just a modified resource, it's most likely "ok", but as far as code changes go, you obviously had to do some reverse engineering to get there (unless you're some fscking good at guessing what numbers to put where just like that ??) and that's of course completely illegal unless you got some sort of license or agreement saying so.

BUT

You think companies like microsoft are really bothered by that or are going to waste time on it? It's not like you're hurting their sales, profit, public image or anything like that. They got better things to do like fight piracy.

Illegal... maybe, but also tolerated, which is what really matters.

[SiMoNsAyS]

@prathapml i know that it looks stupid i didn't recommend that i just said what can be considered as legal

@baggers02 the goverment make the laws, but when you acept the eula it's like having a signature on a contract

finally i'm going to left out what it's legal and what not. i'm sure that if you don't receive any benefit for hosting those files, none it's going to pursuit you

[baggers02]

and enforcement of a contract is a civil matter not a criminal one!

[Denney]

OK. There seems to be a bit of confusion about this so I'll straighten it out for ya's.

1. If you host an UNMODIFIED file from Windows, you are breaking copyright laws by distributing it. So that's illegal.

2. If you host a MODIFIED file from Windows, you are breaking the EULA (you're not allow to reverse engineer Windows products) and your breaking copyright laws (again). So that's illegal.

3. If you make a program that MODIFIES a file from Windows, you are only breaking the law is you USE it (goes for both the creator and the end user). You can have it, but you can't use it. So it's illegal to use, legal to own.

4. Telling someone how to MODIFY a file from Windows is legal. It's only illegal if you USE the information. So it's illegal to use the information, legal to have the information (there is a bit of a grey area here, whereby a judge may favor the prosecution if the modification causes great harm to the them).

All of those cases would need to be enforced by Microsoft before anything would happen to you. So, yes, what you want to do is illegal but I doubt Microsoft would enforce it against you.

I hope this clears things up for most people.