I decided to repave my machine tonight - I want a clean copy to create a Ghost image, something I should have done last time around.
Anyways, in the course of doing all my Windows Updates, I decided to also install WMP9. (I will install WMP10 once I'm done, but I want the latest stable version on the Ghost image). As I heard a rumor that WMP (among other programs) phones home with playlist info, I wanted to check if there was any such language in the EULA.
I didn't see anything in that regard, but I did notice some other interesting language:
* The OS Components may include the Microsoft .NET Framework. You may not disclose the results of any benchmark test of the .NET Framework to any third party without Microsoft’s prior written approval.
I found this a bit curious. After doing a little research, it seems that not only is this included in the .NET Framework agreement, but that such restrictive clauses are commonplace in the industry.
It seems that a New York Supreme Court Judge ruled against similar clauses in Network Associates EULAs (the clauses dealt with both reviews and benchmarks). It was held that these clauses violate state law against deceptive trade practices, but not because the clauses themselves were facially wrong. Rather, the analysis seems to dwell on language referring to 'rules and regulations', thus implying that there were state or federal laws that restricted the reviews and benchmarks.
Essentially, these clauses reserve the right to suppress any negative benchmarks or reviews. In the case of Microsoft, for example, it would be interesting to see a list of all the approved benchmarks... I wonder if there is a trend.