View LISTSERV archives

ITPSM@LISTSERV.EDUCAUSE.EDU


View:

:

[

|

Previous Message

|

Next Message

|

]

:

[

|

Previous Message

|

Next Message

|

]

:

[

|

Previous Message

|

Next Message

|

]

:

Proportional Font

LISTSERV Archives

LISTSERV Archives

ITPSM Home

ITPSM Home

ITPSM  2006

ITPSM 2006

Subject:

Re: FW: Requirement to install certain updates for future deployments of select Microsoft Office products.{~4706084:1~}

From:

Marg Knox <[log in to unmask]>

Reply-To:

The EDUCAUSE Software Licensing Issues Constituent Group Listserv <[log in to unmask]>

Date:

Thu, 19 Jan 2006 13:49:11 -0600

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (236 lines)

Alan

Hmm, it does make me wonder if it was a US only infringement case, in
which case Australia might not be affected. I'll forward the query into
MS... 

Very interesting!! Folks outside the US, did you get notices either with
your CD's or via email?

Everyone's contract may be different, but there was one point where I
believe MS granted indemnity rights without actually making everyone
sign again (vague recall this was about 3.2 time frame)... Prior to that
there really was not much indemnity in the standard CA.

Regards, Marg

 ____________________________________________

Margaret H. Knox       [log in to unmask]                         
Director                      (512) 475-9224      
The University of Texas  
ITS- Collaboration & Academic Resources
OTIS - System wide Strategies
FAC 248 I (at Austin)78712
CTJ 2.220 (System Admin.)78701  

-----Original Message-----
From: Alan Bell [mailto:[log in to unmask]] 
Sent: Wednesday, January 18, 2006 4:56 PM
To: [log in to unmask]
Subject: Re: [LICENSING] FW: Requirement to install certain updates for
future deployments of select Microsoft Office products.{~4706084:1~}

Margaret,

A voice from afar! (Australia).

We just got our Office SP2 CD this week with "This disc contains service

pack software only. You must install this Service Pack 2 to use 
Microsoft(r) Office Professional Edition 2003 or Microsoft(r) Office
Access 
2003." inscribed on it. Nothing else.

I tried to find more information as to what 'legal reasons' has required

Microsoft to take this course of action, without any success, I'm
afraid.

For instanace I think we should be told (or be able to find out) in 
which court and jurisdiction Microsoft (via a settlelement (or 
otherwise) has been required to modify its code so that it becomes 
non-infringing. "It was recently decided in a court of law ... ... " is 
just too vague. It would be nice to be able to read the actual text of 
the judgement.

For those of us outside the USA, we woudl like to know whether the 
settlement or judgement is binding on Microsoft external to the USA, and

more particularly on its customers outside the USA.

I did a quick check of our campus agreement (which is in process of 
expiring) - there seems to be no language requiruing us to do anything 
if Microsoft is enjoined from using infringing code.

However, in the new campus agreemeent (v 6.4 I think it is) - we have 
yet to sign it - the matter is set out quite clearly - "If we (ie 
Microsoft) receive information concerning an infringement claim related 
to the software or a fix, we may, at our expense and without obligation 
to do so, either (i) procure for you the right to continue to run the 
allegedly infringing software or fix, or (ii) modify the software or fix

or replace it with a functional equivalent, to make it non-infringing, 
in which case you will stop running the allegedly infringing software or

fix immediately."

This is quite clear - and it avoids the territorial issue I raised
above.

Note the word 'immediately'!

And one is curious as to why Microsoft chose option (ii) above rather 
then (i) - it would have been a lot simpler for us if option (i) has 
been chosen.

Regards

Alan

Marg Knox wrote:

> I just got the following via email. It looks very close in wording to 
> what Enoch (Microsoft) sent us all after we inquired about the tersely

> worded paper that came with the Office 2003 CD's this month.
>
> I have also been in some related offline conversations...that may be
of 
> interest...
>
> - what about the media we have for student usage and employee wah (is 
> Microsoft going to replace it, send a free CD, etc)? Microsoft is 
> still working on this as far as I know. Personal opinion - until we 
> get a physical media (for those who use that for students and wah), it

> seems to me that we continue distributing what we have as well as post

> a web notice.
>
> - are we required to do anything about existing deployments of these 
> products? No. But Microsoft is asking that we consider updating all. 
> They (well, actually the court) is requiring that we use the modified 
> products for future deployments
>
> - can Microsoft require this? This came from someone not involved with

> licensing....I think we have read so many intellectual property 
> indemnifications notices over time, that this remedy did not surprise 
> many of us once we understood what was being said. I was happy that we

> did not have to remediate existing! Is anyone else concerned about 
> whether there is the right to require this?
>
> -why was the tone of the original mailing as it was? No apology for 
> the pain. No comprehensible explanation, etc? No clue from me but I 
> was glad that Enoch (US Licensing manger) was able to clear it up 
> quickly so we had a chance to understand it.
>
> -are the patches to the SP3 for Office XP and the SP2 for Office 2003 
> correct? This question came in to me because the dates looked old and 
> hence odd to the person looking. He/she could only see the SP3 date 
> (2004!) and not the patch date (I assume it is about Sept 2005) and 
> the SP2 date (Sept 2005 date). The time separation was concerning to 
> him/her. Knowing how long it takes to get a CD, I was not concerned. 
> And I assume that Microsoft may have prepared a remedy prior to court 
> ruling.
>
> Any other concerns or issues you 'all are hearing?
>
> Regards, Marg
>
> ____________________________________________
>
> Margaret H. Knox [log in to unmask]
> Director (512) 475-9224
> The University of Texas
> ITS- Collaboration & Academic Resources
> OTIS - System wide Strategies
> FAC 248 I (at Austin)78712
> CTJ 2.220 (System Admin.)78701
>
>
------------------------------------------------------------------------
>
> *From:* Microsoft Volume Licensing Services
[mailto:[log in to unmask]]
> *Sent:* Wednesday, January 18, 2006 3:57 PM
> *To:* [log in to unmask]
> *Subject:* Requirement to install certain updates for future 
> deployments of select Microsoft Office products.{~4706084:1~}
>
> 2006-01-18
>
> Marg Knox
> University of Texas System Administration
> 210 West 6th St
> 2nd Floor
> Austin
> TX
> 78701
> United States
>
> Dear Marg Knox,
>
> *Background: *
>
> It was recently decided in a court of law that certain portions of 
> code found in Microsoft Office Professional Edition 2003, Microsoft 
> Office Access 2003, Microsoft Office XP Professional and Microsoft 
> Access 2002 infringe a third-party patent. As a result, Microsoft must

> make available a revised version of these products with the allegedly 
> infringing code replaced.
>
> *Action required: *
>
> As a result of the above ruling, you are required to:
>
>     * Install Microsoft Office 2003 Service Pack 2 (Office 2003 SP2)
>       for all your future deployments of Office Professional Edition
>       2003 and Office Access 2003,
>     * Install the Microsoft Office XP Service Pack 3 Patch (Office XP
>       SP3 Patch) for all your future deployments of Office XP
>       Professional and Access 2002
>
> *Action requested: *
>
> To keep your current systems in alignment with your future deployments

> of these products, Microsoft is requesting that you also update all 
> your current Office Professional Edition 2003 and Office Access 2003 
> installations with Office 2003 SP2, and Office XP Professional and 
> Access 2002 installations with the Office XP SP3 Patch.
>
> *How do I do this?: *
>
> You can obtain both Office 2003 SP2 and the Office XP SP3 Patch by 
> going to the website listed below and downloading it directly, or by 
> contacting your reseller.
>
> Please visit our site at 
> http://office.microsoft.com/en-us/officeupdate/default.aspx.
>
> Sincerely,
>
> Microsoft Licensing, GP
>
> ********** Participation and subscription information for this 
> EDUCAUSE Constituent Group discussion list can be found at 
> http://www.educause.edu/groups/. 


-- 
Alan Bell                          [log in to unmask]
Project Manager                           Tel: +61 3 990 51640
Information Technology Services           Fax: +61 3 990 59888
Box 28c, Monash University, Vic., 3800, Australia

**********
Participation and subscription information for this EDUCAUSE Constituent
Group discussion list can be found at http://www.educause.edu/groups/.

**********
Participation and subscription information for this EDUCAUSE Constituent Group discussion list can be found at http://www.educause.edu/groups/.

Top of Message | Previous Page | Permalink


Options

Log In

Log In

Get Password

Get Password


Search Archives

Search Archives


Join or Leave ITPSM

Join or Leave ITPSM


Archives

2019
2018
2017
2016
2015
2014
2013
2012
2011
2010
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998

ATOM RSS1 RSS2