Product activiation in the Vista license
Suppose you buy a new computer after January 2007, or purchase an early upgrade for one of the various flavors of Vista. The first problem is, you may think you bought a copy of the operating system. Actually, the OS is still owned by Microsoft. You may own a physical DVD, but what you have “bought” is the right to use the software subject to any of the terms and conditions of the End User License Agreement (EULA), which you may or may not have access to at the time you buy the computer or disk. Typically, the EULA will be contained in micro-print on the outside of a DVD, or may be on a splash screen that prompts you to unequivocally declare, “I agree..” as a condition precedent to installing or booting the software. Courts have pretty much established that this manner of acquiescence is okay, provided that there is some way for you to get your money back if you don’t agree to the EULA.
The Vista EULA informs the licensee that Vista will automatically send information about the version, language and product key of the software, the user's Internet protocol address of the device, and information derived from the hardware configuration of the device.
Once you activate the product, then you would assume that you are golden to go ahead and use the product, right? Wrong.
You see, even after you activate the software it will, according to the EULA, “from time to time validate the software, update or require download of the validation feature of the software.” It will once again “send information about the . . . version and product key of the software, and the Internet protocol address of the device.”
Here’s where it gets hairy again. If for some reason the software “phones home” back to Redmond, Washington, and gets or gives the wrong answer - irrespective of the reason - it will automatically disable itself. That's like saying definitively, “I’m sorry Dave, I’m afraid I can’t do that...” Unless you can prove to the satisfaction of some automoton that the software is “Genuine,” or more accurately, that under the relevant copyright laws that you have satisfied the requirements of the copyright laws and all of the terms of the End User License Agreement, the software will, on its own, go into a “protect Microsoft” mode. Besides placing an annoying “Get Genuine” banner on the screen, and limiting your ability to get upgrades, the EULA warns that “you may not be able to use or continue to use some of the features of the software.” The EULA itself does not state which features these are, but the website advises that, unless you can show that you are genuine, you won’t be able to use Windows ReadyBoost, whcih lets users use a removable flash memory device; the Windows Aero 3D visual experince; or the Windows Defender anti-spyware program.