Windows 10 Reserves The Right To Block Pirated Games And 'Unauthorized' Hardware

(Mis)Uses of Technology

from the Microsoft-being-Microsoft dept

While Windows 8 annoyed many users for its attempt to duct-tape two disparate computing styles (traditional Windows and a touch interface) together while demanding you stand impressed by the genius of such a move, Windows 10 initially appeared to be seeing some positive responses (at least among those who use Windows). That was, at least until people started to realize how nosy the operating system is, how frequently it feels the need to phone home to Redmond, and some of the more obnoxious language buried in the terms of service.

Not too surprisingly (this is Microsoft we’re talking about) the OS opts users in to all manner of information sharing from the start, and there’s some indication the OS doesn’t really heed its own opt-out settings for many of these “services”:

“Unfortunately for privacy advocates, these controls don’t appear to be sufficient to completely prevent the operating system from going online and communicating with Microsoft’s servers. For example, even with Cortana and searching the Web from the Start menu disabled, opening Start and typing will send a request to www.bing.com to request a file called threshold.appcache which appears to contain some Cortana information, even though Cortana is disabled. The request for this file appears to contain a random machine ID that persists across reboots.

While much of this phoning home appears to be innocuous, it’s obviously annoying to users who expect an OS that operates quietly and securely on the network. Other ingrained features of the OS may or may not be more troublesome, depending on how seriously you’d like to take the Microsoft’s fine print. One provision in particular appears to have caught the eye of numerous news outlets: namely that Microsoft has the ability and reserves the right to disable first-party (aka Microsoft) titles should they be found to be pirated. The TOS also notes that Microsoft reserves the right to block “unauthorized hardware”:

“We may automatically check your version of the software and download software updates or configuration changes, including those that prevent you from accessing the Services, playing counterfeit games, or using unauthorized hardware peripheral devices. You may also be required to update the software to continue using the Services.”

Comforting! It’s possible Microsoft will never utilize this particular portion of its TOS, but its inclusion is understandably troubling all the same, and with the capability embedded, it’s hard to think our friends at the MPAA and BSA won’t urge Microsoft to include their products. Update: one commenter points out the TOS in question that has everyone in a tizzy refers to Windows services, not necessarily Windows 10. Windows 10 is covered by Microsoft Software License Terms. In short, while Microsoft could declare Windows 10 as a service, it still seems highly unlikely that the company is going to invite the wrath of millions by using Windows 10 as a piracy and device nanny, especially if they want the OS to succeed.

If you’re looking for some additional bright side, Windows 10 at least blocks some of the more obnoxious, invasive flavors of DRM that have made the rounds over the last few years, including SecureROM and SafeDisc. Unfortunately, that means titles that used this DRM simply won’t work on the new OS without a patch.

Either way, worries about Windows 10’s spying and reporting habits appear to have freaked out a few BitTorrent trackers. One tracker by the name of iTS has decided to block all Windows 10 users entirely, redirecting them to this YouTube video explaining the perceived dangers of the new OS. In a post over at Reddit, tracker admins explain why they’re not particularly welcoming of Windows 10 users:

“Many of you might have heard or read about the terrible privacy policy of windows 10 recently. Unfortunately Microsoft decided to revoke any kind of data protection and submit whatever they can gather to not only themselves but also others. One of those is one of the largest anti-piracy company called MarkMonitor. Amongst other things windows 10 sends the contents of your local disks directly to one of their servers. Obviously this goes way too far and is a serious threat to sites like ours which is why we had to take measures.”

This is likely somewhat of an overreaction, since Microsoft has been working with MarkMonitor for many years now, in some instances to protect customers from phishing attacks. Still, it’s understandable that Microsoft’s decision to embed Windows 10 with all manner of chatty behaviors would raise a few eyebrows. If Redmond wants to avoid the fractured adoption issues that plagued earlier versions of Windows, hopefully executives there can be publicly pressured to ensure that opting out of the more chatty and invasive aspects of the new OS actually works.

Filed Under: control, infringement, ownership, pirated content, unauthorized hardware, windows 10
Companies: microsoft