Microsoft Will Pay If Its Bugs Damage Your Data 330
RMX writes "CNet is reporting on
a new Microsoft policy where
they will pay if their software damages your data
. There's a pretty low limit on what they will cover and "it also applies even if Microsoft knew or should have known about the possibility of the damages" but at least it's nice that they're specifying exactly to what length they'll go to cover their customers. Is this the "support" from proprietary vendors that corporations like so much?"
5 Bucks??? (Score:5, Funny)
That is a very low price for data.
I don't think that corporations would care about this.
Re:5 Bucks??? (Score:2)
Re:5 Bucks??? (Score:3, Insightful)
(I am not a lawyer, for $5 or any other amount of money.)
Re:5 Bucks??? (Score:2)
It's not a low price for data loss because of XP though. The same boilerplate is in that EULA as well.
Re:5 Bucks??? (Score:3, Funny)
Re:5 Bucks??? (Score:3, Insightful)
Re:5 Bucks??? (Score:3, Informative)
The insult is not that they think you data is worth $5, but telling you that $5 is all you get.
--
Kevin Marquette [blogger.com]
Antispyware [blogger.com]
Re:5 Bucks??? (Score:2, Funny)
Re:5 Bucks??? (Score:4, Funny)
Re:5 Bucks??? (Score:2, Insightful)
Re:5 Bucks??? (Score:2, Funny)
that computer crash saved your life![/soap opera cheese]
Re:5 Bucks??? (Score:2)
not everyone can pull off HIV jokes like Trey Parker et al. (Team America: "everyone has AIDS")
Re:5 Bucks??? (Score:4, Funny)
There isn't enough alcohol in the world to make a woman want to have sex with you either.
Value of data (Score:4, Funny)
Re:Value of data (Score:5, Funny)
Re:5 Bucks??? (Score:3, Funny)
I have it on good authority that women don't have sex with people who don't regularly check in their work with Visual SourceSafe
Re:5 Bucks??? (Score:5, Informative)
Well. Then what is it they pay for?
Re:5 Bucks??? (Score:4, Informative)
Yes, MS provide no support. Oracle actually does.
Re:5 Bucks??? (Score:3, Informative)
Maybe the org. poster paid for Standard Edition?
If you have enterprise level support, you can get Oracle Experts (and yes, capitial E-experts -- these guys are _bad asses_) onsite in four hours.
We had a netapp crash -- not Oracle's fault -- and they were onsight like *that*, helping us get everything back up.
T
Re:5 Bucks??? (Score:5, Insightful)
Re: (Score:3, Informative)
Re:5 Bucks??? (Score:3, Interesting)
Google groups reference to ext3 corruption (Nov 2004) [google.com]
Google groups references to changes to the kernel "in the hopes of lessening reports of Reiser corruption" (Dec 2004) [google.com]
You were saying?
Re:5 Bucks??? (Score:2)
Re:5 Bucks??? (Score:2)
It is smart on a shallow level as it makes the EULA look less one-sided (hey, we agreed to pay damages Microsoft will say). But at the same time it is capping those damages at an absurdly low level. But it still looks more reasonable than a provision that says we are not liable for any damages - which wo
Re:5 Bucks??? (Score:2)
That's way more than Knuth gives you for bugs in his books...
I'm guessing they want the same thing Knuth wants when they give you money for bugs. Nice strategy.
Re:5 Bucks??? (Score:2)
WOW!!!!! (Score:5, Interesting)
Why would anyone migrate away from Microsoft products now?
P.S. On a serious note, doesn't this potentially open them up to being sued for damages? I know they're claiming otherwise in the EULA, but once the door is open...
Re:WOW!!!!! (Score:5, Funny)
Boss: "Why should I go with Apple, Microsoft will pay me for my lost data?"
Peon: "Sir, they will give you $5"
Boss: "Shutup boy, that's so wrong as to be stupid."
Remember, the "absurd" is ignored, the "favorable" is repeated.
Re: (Score:3, Insightful)
Re:Legality (Score:5, Interesting)
This is opposed to their previous stance of claiming that their software has no fitness for any purpose or merchantability. This new policy goes against that previous claim. That's why I think the door may have creaked open for the right lawsuit to succeed in claiming, "No, we suffered a loss that should be compensated by one million dollars, not five." And when Microsoft tries to get it tossed out on the basis of their claims in the EULA, this policy will be shoved in their face.
Just a thought.
Re:Legality (Score:5, Interesting)
Settlement agreements are generally contracts that say "A gives B $X and B promises not to sue A for Y."
So if you accept the contract from Microsoft which says "Microsoft gives Joe $5 and Joe promises not to sue Microsoft for the loss of Joe's data," you can't sue them later for the loss of your data. But if you refuse the $5, you can.
The question is, however, whether the EULA includes a term saying that "If you lose your data, your only remedy is to accept a $5 settlement from Microsoft." And, if it does, would a court rule it unconscionable, meaning that it's so apalling and unfair that they will refuse to enforce that term of the agreement.
But yes, they are definitely apparently admitting some degree of responsibility for lost data, though, and that's step one.
Re:Legality (Score:2)
Depends on the terms of the agreement. "Oh, gee, damn, Microsoft, I guess I just didn't see that clause in the EULA. Oh well, here's your $5 back." After all, they can't hold you liable for anything else beyond that, can they?
Re:Legality (Score:2)
Re:WOW!!!!! (Score:2)
So... how much do OSS developers pay up?
Not asking because I want to file a claim, but since MS wouldn't want to bleed $5 towards millions of users...
Great! (Score:2, Funny)
2. Start building up data on your computer.
3. Have it all damaged by XP.
4. ????
5. Profit!
Great business model, gonna write this up and submit it to my bank for a business loan!
Me rich...me REALLY rich!!!
Re:Great! (Score:2, Funny)
About time (Score:5, Funny)
Oh... wait...
Re:About time (Score:5, Funny)
You don't, but Bill does.
MBR (Score:3, Insightful)
Then I remembered I've never even attempted to run it on my machines for five years+
Added value (Score:3, Insightful)
really worth the money, at least potentially. (I'm assuming here that the
blurb accurately reflects what's actually being done... which is probably
assuming too much, but there's always that, isn't there?) This is the sort
of thing Microsoft should be talking about when they talk about the value
they can provide. Assuming they're willing to actually do it.
Greaaat (Score:2, Funny)
Stefanie Olsen: Sarcasm Queen? (Score:5, Funny)
Did anyone else find it extremely funny to see such flagrant sarcasm in this news.com.com headline?
Anyone know WHY they are doing this? (Score:5, Interesting)
advertising scam about "financially backing" their software as opposed to OSS?
tax scam?
stock scam?
come on, it's got to be some sort of scam.
Re:Anyone know WHY they are doing this? (Score:5, Insightful)
Re:Anyone know WHY they are doing this? (Score:2, Funny)
So basically, yeah, it's a
Re:Anyone know WHY they are doing this? (Score:3, Funny)
So here's a way to beat Microsoft at their own game: let open-source distributors say:
Re:Anyone know WHY they are doing this? (Score:2)
Re:Anyone know WHY they are doing this? (Score:3, Insightful)
Look at rebates. People buy something thinking that they are going to get a $5 dollar rebate, but then there are too many steps, too much hassle to fill out the forms, or they just forget about it. Only a small precentage of the rebates are actually claimed.
Plus, who knows what kind of hoops you might have to jump through to prove that you are eligible for the $5. Ma
Re:Anyone know WHY they are doing this? (Score:2)
For the same reason you would leave someone a dollar in your will. Better to mention some ridiculously small amount then to leave it unmentioned entirely.
It becomes the agreed-apon limit to their liability.
Disclaimer (Score:2, Interesting)
This is the part that covers them for deleteing gigs worth of MP3s because the MP3s didn't have Windows Media(WMA) Digital Rights Management(DRM) signatures.
Oops. Our bad.
Have a nice day.
Probably obvious, but (Score:3, Insightful)
E.g., Microsoft: "You run Debian? Great! But who'll pay if your data gets damaged?"
To which the obvious reply is: well, gee, my operating system hasn't ever really damaged my data -- as a matter of fact, last time my hard drive went bad, I was able to recover most of my data. Thanks anyway, though!
restore backup (Score:2, Insightful)
Anyways by that time I will also have restored the data from a backup. You DO have a backup strategy ... don't you?!?! ...
Re:restore backup (Score:2)
Heh... (Score:2, Funny)
From memory...
Re:Heh... (Score:2)
Re:Heh... (Score:2)
14. LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any
reason whatsoever (including, without limitation, all
damages referenced above and all direct or general damages),
the entire liability of Microsoft and any of its suppliers
under any provision of this EULA and your exclusive remedy
for all of the foregoing (except for any remedy of repair or
replacement elected by
Cinco Dolares? (Score:2, Funny)
Just enough money to eat at Mickey D's...
Great for business, it could really add up! (Score:2)
Well, it's a start (Score:3, Insightful)
Software's not a game teenagers play in their basements anymore; it's used on airliners, in cars, in hospitals, and all sorts of other places where a system crash is Not Acceptable. While you can find rare examples [fastcompany.com] of folks who are willing to stick their companies on the line when it comes to the stability of their software, this is the exception, not the rule. Accepting financial liability for bugs in software is a good start. It's also, interestingly, something that only a commercial entity can do.
Fine print... (Score:5, Funny)
WOW! 5 Dollars... We are going to get rich! (Score:3, Interesting)
The companies honestly didn't care about you. Go call their support hotline, if they can help you, fine, if not, tough luck.
But Microsoft's 5$ offer kinda gives me the feeling they are mocking us.
"Sorry our tool mis-identifed your tax data as spyware and deleted it. Here are 5 bucks. Enough to drown you in 2 bottles of cheap booze till IRS arrives."
Damaged data rarely occurs (Score:4, Informative)
I think this is a pretty safe bet on their part. So much so that they'd probably be safe upping the ante to like $50 or $100 or more.
Re:Damaged data rarely occurs (Score:2)
Incidently...
When I tried their Spyware remover it as well removed my FTP server (servU [serv-u.com]) which I used to access my backup files at home from the office.
The program however decided (even when I choose to not do anything with the file when I was notified it was an evil backdoorvirus) to be as kindly to remove the executable which was my ftp server.
I think not only users suffer under this, but as well companies whose software gets identified as "evil hacker virus backdoor! Ooh delete delete!"
(I must say, S
Re:Damaged data rarely occurs (Score:2)
Of course, imagine the mayhem that would result if their Spyware Buddy 3000 software were the victim of a worm which goofed with the signatures such that all
Five dollars? (Score:2, Funny)
Nice FUD From M$! (Score:3, Insightful)
What about "everyone's data"? (Score:2)
linux admins may scoff (Score:5, Funny)
Cheap Laughs (Score:2)
It's not Microsoft products in general... (Score:5, Informative)
They are talking only about the Beta for the MS Anti-Spyware. Everything in this
Lip Service (Score:2)
That's the Microsoft(tm) difference!
It's the only thing that makes sense. Why start paying for bugs now? It's also interesting in that I think this is finally acknowledgement that their monopoly on the computing industry is in jeopardy.
$5? (Score:2)
That will just abot cover the cost of the phone call and stamps to write to them to claim the rebate...
Microsoft Will Pay If Its Bugs Damage Your Data (Score:5, Insightful)
Seen it before in MS EULAs (Score:5, Informative)
Re:Seen it before in MS EULAs (Score:2)
To Cover Microsoft's own ASSets. (Score:3, Insightful)
I just went through helping a company incorporate as a Limited Liability organizationin the UK last fall, and included in the articles of incorporation is a section that states that each member is only liable for 1 UK Pound. I think This is similar, If Microsoft states that they WILL cover up to $5 for data loss, they can't be sued for hundreds of thousands of dollars instead.
Not necessarily (Score:2)
So the rule is: Always turn down the $5. Why? Well, it keeps your options open, and it's not like $5 is so much money...
Unfortunately, to win the court case, you not only have to not take the $5, you also have to render the EULA legally null and void...
What's the catch... (Score:2, Insightful)
How much does the consultant charge (Score:2)
Reminds me of my experience with hard disk warranties. Sure these 10 GB disks are still under warranty. But you have to
- take it out of the computer to see it's brand, model and serial number.
- find the manufacturer's website, and their RMA form.
- Download their DOS program to check the disk
- Put
Bank Of America, T-Mobile, Checkpoint ? (Score:2)
A New Cyber-Security Breach Bank of America says at least 1.2 million federal employee credit card accounts may be exposed to theft or hacking [time.com]
I don't know if Microsoft software and the associated security holes are behind any of these very serious hacks, but if they are, what about that new Microsoft policy? They do have buckets of cash after all.
What Ellen Feiss Would Say (Score:2)
...It was like, beep, beep, beep, and my report was all gone. Now you mean to tell me that you're willing to give me five dollars for that lost report?
Well... (Score:3, Funny)
Or was that 640k? I can't remember.
Sweet! (Score:3, Funny)
With 100Billion+, they wish to limit how much .... (Score:2)
Now, if they would offer as much coverage on theft of data caused by MS's screw up, I would be impressed.
Drown your sorrows in cheese burgers (Score:2)
wow a 5 spot! (Score:2)
How about the really pony up and say they'll cover all direct costs because of virus infections on their platform. That would be extremely impressive, but will never happen cause MS would go bankrupt if all the businesses I contract for sent all my bills for
My guess... (Score:4, Informative)
$5? That doesn't pay for a case of soft drinks these days.
They seem to be saying that even if everything is wiped out, they only owe you $5. What's more now that you know this, you legally acknowledge this is all the liability MS has.
ooh! (Score:2)
if so, i'l be rich!
Who says it covers lost data? (Score:2)
Would be smart if Microsoft was subject to damages (Score:2)
I wonder if Microsoft is afraid of somthing?
5 dollars just seems an odd price to offer. I can't imagine that it'd be worth that much to even apply for the money.
Have you TRIED it? (Score:2)
The reality (Score:2)
Re:Cool (Score:2, Funny)
Re:Like the news about China's walkout.... (Score:4, Interesting)
Re:Like the news about China's walkout.... (Score:2)
Re:Who will pay for Firefox bugs? (Score:2)
Is it untrue? (I hope so since I use firefox and love the product) If it is true, are these things not really anything to be concerned about?
I am honestly just curious since, as I said, I am a non-techie.
Re:Who will pay for Firefox bugs? (Score:3, Informative)
Don't worry - it's been moderated correctly. First of all, all the links all go to www.getfirefox.com, a Firefox advocacy website with no details of 'security holes' supposedly rife.
"Installing Firefox requires downloading an unsigned binary from a random web server" - unsigned binary, true, but you can check MD5 hashes if you want confirmation that you've downloaded the right file. The 'random web servers' are all known mirrors.
"Installing unsigned extensions is the default action in the Extensions dia
Re:Who will pay for Firefox bugs? (Score:2)
Thank you for posting your response, it was very informative (hint, hint to other moderators out there).
Re:So how much will Linus pay me... (Score:2)
Re:Will Linux pay? (Score:2, Informative)
Well, this only applies to data loss caused by the beta version of MicroSoft's anti-spyware. Guess how hard it's going to be to prove which element of the system actually caused the data loss, then estimate how many rebates they'll pay...I predict none. This is simply more weasle-work from the PR hacks.
OH WAIT it's open source so there's no accountability!
As it stands, nobody is truly accountable for anything, and look at the quali