D
Delicieuxz
"Service" vs "product" are two separate legal entities, with separate legal requirements to their advertising, what is exchanged in a point-of-sale, and the rights that come with each classification. The format of Windows 10, and what is offered in a point-of-sale exchange is in no way legally a "service", and is absolutely a product. Windows 10 is definitively a product that is able to connect to services out of the box. Windows Update, OneDrive, Microsoft Store, are all services, but Windows 10 itself is most definitely a product.
As the European Union's highest court has ruled and which no country's highest court has ever ruled to the contrary of, people own the software that they buy licenses for. They don't own the software Intellectual Property, but they do own the non-reproduceable instance for which their license is, and they alone possess all property and decision-making rights over that non-reproduceable instance of software.
The situation with software licenses is identical to purchasing a car, where you don't purchase the vehicle's IP, its brand name, its patented technology - you purchase a license to use all of those things in a non-reproduceable instance of those things. Buying physical retail goods and buying perpetual software licenses is an identical process, and the rights held by the purchaser over what they've bought, with either physical goods or software licenses, is the same.
EU Court: When You Buy Software You Own It - Public Knowledge
EU highest court says software licence terms can be ignored - Lexology
EU Court Says, Yes, You Can Resell Your Software, Even If The Software Company Says You Can't
To be clear, not a single country's highest court has ever ruled contrary to the European Union's highest court. So, there is no basis for Microsoft or any other company in the world to suggest anything different than what the EU's top court has ruled.
Both of these are true, and represent what is the case with perpetual software licenses (the kind that everybody with Windows 10 Home or Pro have):
This software (IP) is licensed, not sold
This software (license / instance) is sold, not leased
People with Windows 10 licenses own their Windows 10 software - not Microsoft. Microsoft must submit to its legal obligations and stop unilaterally messing with people's Windows 10 settings without permission or authorization. Microsoft is violating the law (and in many respects, as various EU privacy investigation authorities have been reporting) by resetting people's settings, and it must stop.
So, please, let us know how can we permanently disable Windows Update in our Windows 10 operating systems, which we, not Microsoft, own.
Windows 10 is NOT a service, and it never has been. It is a product that is presented and sold as a product, to be engaged as a product - one which is able to connect to services and has access to various services integrated into it, but while being, itself, a product nonetheless.
Continue reading...
As the European Union's highest court has ruled and which no country's highest court has ever ruled to the contrary of, people own the software that they buy licenses for. They don't own the software Intellectual Property, but they do own the non-reproduceable instance for which their license is, and they alone possess all property and decision-making rights over that non-reproduceable instance of software.
The situation with software licenses is identical to purchasing a car, where you don't purchase the vehicle's IP, its brand name, its patented technology - you purchase a license to use all of those things in a non-reproduceable instance of those things. Buying physical retail goods and buying perpetual software licenses is an identical process, and the rights held by the purchaser over what they've bought, with either physical goods or software licenses, is the same.
EU Court: When You Buy Software You Own It - Public Knowledge
EU highest court says software licence terms can be ignored - Lexology
EU Court Says, Yes, You Can Resell Your Software, Even If The Software Company Says You Can't
To be clear, not a single country's highest court has ever ruled contrary to the European Union's highest court. So, there is no basis for Microsoft or any other company in the world to suggest anything different than what the EU's top court has ruled.
Both of these are true, and represent what is the case with perpetual software licenses (the kind that everybody with Windows 10 Home or Pro have):
This software (IP) is licensed, not sold
This software (license / instance) is sold, not leased
People with Windows 10 licenses own their Windows 10 software - not Microsoft. Microsoft must submit to its legal obligations and stop unilaterally messing with people's Windows 10 settings without permission or authorization. Microsoft is violating the law (and in many respects, as various EU privacy investigation authorities have been reporting) by resetting people's settings, and it must stop.
So, please, let us know how can we permanently disable Windows Update in our Windows 10 operating systems, which we, not Microsoft, own.
Windows 10 is NOT a service, and it never has been. It is a product that is presented and sold as a product, to be engaged as a product - one which is able to connect to services and has access to various services integrated into it, but while being, itself, a product nonetheless.
Continue reading...