Win 10 Windows 10 can check your PC for ‘counterfeit games’

[idrob]

Windows 10 EULA states Microsoft can check a PC for ‘counterfeit games’

While Windows 10 has had a smooth release there have been mounting concerns over new data gathering policies. One such concern comes from Windows users who may not be completely square with the law when it comes to their software licenses. It would seem Microsoft has left the situation intentionally vague to give themselves plenty of room to do what they want.

One such concern is that Microsoft will use their new data collection policies to crack down on software pirates. Explicitly within the Microsoft Services Agreement Microsoft will check your system for “playing counterfeit games, or using unauthorized hardware peripheral devices”. While it seems odd to narrow the counterfeit software to only games the statement remains in the agreement.

Perhaps this section pertains to their Xbox consoles and gamers hacking them to load pirated games as was popular with the original Xbox. Now Microsoft has the right to search for such hacks and disable the console from accessing Microsoft services. With the language being so vague it is unclear if Microsoft plans on sharing the information they gather about counterfeit games with law enforcement or if they simply want to disable the content from functioning.

Yet another confusing factor in this whole debacle involves how Windows 10 will now be used across PC, Phone, Xbox, HoloLens, and Surface Hub. Now EULAs need to be written to include protections against stolen phones, Xbox mods, enterprise security, and required updates. Unifying Windows 10 was a technical challenge but now it would seem to also be a serious legal challenge to merge the different licenses into one cohesive agreement spanning all the different usage scenarios.

There is no doubt Microsoft has done a good job of creating Windows 10 to work great for most of their users, but now that Windows 10 has launched they need to focus on how to communicate to their concerned users. With such a great product hanging in the balance Microsoft needs to keep these privacy concerns from hurting the image of Windows 10. So far Microsoft has been largely silent but they need to clarify why they are doing what they do and how users will be affected.

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Microsoft's updated Services Agreement can stop you from playing "counterfeit games"

While Windows 10 is soaring to new heights in popularity with a reported 50 million installs in a little over two weeks, Microsoft has updated its Services Agreement, which might negatively affect some users of the company's software. The change in the Agreement pertains mainly to the "Services or Software" section, which now explicitly states that the company has the authority to automatically check your software and accordingly update it, sometimes even to prevent you from playing "counterfeit games".

The particular term "7b" now reads:

“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.”

With that being said, it is not strange that Microsoft wants to prevent you from playing pirated games on its software, considering the rampant piracy rates on its original Xbox, Xbox 360 and even Windows desktop. However, it is peculiar that the new Terms and Conditions only reference "counterfeit games" and "unauthorized hardware peripheral devices", instead of mentioning pirated software as a whole.

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[idrob]

Can Windows 10 Really Disable Your Pirated Games? Not Really

A close look at the Microsoft Services Agreement

Windows 10 has been around in stable form for about 2 weeks and the operating system is already involved in some scandals, some of which include the privacy of its users, but also the content that Microsoft might have access to on our computers.

As we reported to you not a long time ago, some of the terms that Microsoft included in its new policies seem to suggest that Redmond might be able to block pirated games on a computer running Windows 10 with Windows Updates that could scan your computer searching for such illegal software.

At the first glance, this is indeed possible and a Windows update could indeed be used to deploy software that can look for pirated games on a computer, but Microsoft won't do that. And more importantly, Windows 10 won't be used for that.

Windows 10 and its own terms

The terms that have been cited by everyone to state that Windows Updates could be used to disable pirated software are actually part of the Microsoft Services Agreement, as this reddit thread states. And the reference to pirated software is the following:

“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.”

But as its name implies, the Microsoft Services Agreement only includes Microsoft Services. And yes, Windows 10 might indeed migrate to Windows as a Service, but it's still not included in these terms. Instead, it's covered by the Microsoft Software License Terms. Microsoft itself says that during the Windows 10 setup:

“Some Windows apps provide an access point to, or rely on, online services, and the use of those services is sometimes governed by separate terms and privacy policies, such as the Microsoft Services Agreement.”

The only reference for pirated content that might actually make sense in this context is part of Section 7.b, as reddit user GenuineID explains.

Both the Xbox and the Windows Games published by Microsoft, as well as Xbox Live services, are included here, so searching for pirated games and unauthorized hardware is something to be expected because everything here belongs to Microsoft. So don't blame Microsoft for scanning your computer for pirated copies of its own software or proof that you might be using unauthorized Xbox accessories.

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[idrob]

Windows 10 disabling pirated software? Not so fast.

A new story has been making the rounds, regarding Section 7.b. of the Microsoft Services Agreement (emphasis mine):

The original source appears to be an Alphr article that claims "Redmond can disable any games you’ve pirated or devices you’ve unlawfully hacked" and "Microsoft has practically baked DRM into the core of Windows 10".

What is that? No, put away your sheet of alumin(i)um foil. This is neither new nor a story.

It's not new?

Well, it's right up the top of Microsoft's page:

Published: June 4, 2015

Effective: August 1, 2015

What are all these agreements and terms and shit?

Microsoft Software License Terms: applies to Windows (10) specifically
Microsoft Privacy Statement: applies to basically all Microsoft things
Microsoft Service Agreement: applies to listed Microsoft services

Does the Microsoft Service Agreement apply to Windows 10?

The Microsoft Service Agreement does not apply to Windows 10.

Read more here.....

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[idrob]

Microsoft Explains Why It Might Block Pirated Games on Your Windows 10 PC

verything comes down to users’ security, it says

Windows 10 dragged Microsoft into several scandals, including one that involves users’ privacy, but now references found in the company’s EULA create more confusion among users who wanted to upgrade to the new OS to play games.

Updates shipped to Windows 10 could be used to block pirated games, some reports that reached the web lately claimed, and in a statement released today, Microsoft explains that if this happens, it’s only because it could be a threat for users’ security.

“The Microsoft Services Agreement allows Microsoft to change or discontinue certain apps or content where we deem your security is at risk,” a Microsoft spokesperson was quoted as saying by GamesBeat.

“This section of the Microsoft Services Agreement is consistent with language in former Terms of Use agreements, which carried over with the introduction of the unified services agreement on August 1. Software that is pirated or botted places the safety and security of our customers at risk, including a higher risk of malware, fraud, public exposure of personal information, and poor performance or feature malfunction. We remain committed to protecting our customers from the risks of non-genuine software and protecting the intellectual property of developers of all types of content.”

Windows 10 not covered by the Services Agreement

Now here’s the more confusing part of this story. As we already told you a few days ago, the anti-piracy part is included in Microsoft Services Agreement, which as its name suggests, only concerns services.

Windows 10 is actually included in the Microsoft Software License Agreement, which is displayed when you install the OS, and there’s no reference to any update that could block pirated content.

But this doesn’t mean that Microsoft can’t block games that aren’t genuine. The services that the company is referring too are also integrated into Windows 10, so while the operating system itself can’t be used for this purpose, the services that are bundled within it can.

Until now, there are no reports of pirated games that have been blocked by Microsoft in Windows 10 and it’s hard to believe that we’ll hear about such a thing anytime soon. But if it happens, be sure that Microsoft would only target its own titles and nothing more.

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