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Windows Vista License limits benchmarks

by Steve Wiseman on November 1, 2006 · 0 comments

in Windows

I was curious about the new licensing terms for Windows Vista.
Actually I was looking through it to see what type of terms they had for hardware changes, but I stumbled on something even more interesting:

MICROSOFT .NET BENCHMARK TESTING. The software includes one or more components of the .NET Framework 3.0 (“.NET Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at

http://go.microsoft.com/fwlink/?LinkID=66406.

Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at

http://go.microsoft.com/fwlink/?LinkID=66406.

What is disturbing about this addition to the license is that it can limit the amount of benchmarking information that people are willing to publish. Microsoft may change the conditions of the license at any time by simply changing the content at that destination URL. Why not include the full terms within the license?

Yes it is for .NET 3.0 and not Vista exclusively, but currently .NET 3.0 is only available on Vista. It is unfortunate that Microsoft would attempt to restrict the flow of information in this regard, but not surprising.

On the flip side I quietly wonder to myself about the need, or usefulness of benchmarks. It has been a long time since I really looked at one with any seriousness.

Still I would like to know if say – Vista with .NET is faster than Java crunching the same numbers. This type of license puts enough legal fear into the more reputable websites to just stay away from the issue.

If anyone is interested in some serious bed time reading. The Vista license can be downloaded in PDF format from here

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