The new licensing model

[Cem Kaner <kaner@kaner.com>]

With Win 2000, MS is talking about changing its business model in several ways:

(1)	You get a limited time license to use the software, with a time bomb 
(automatic disabling) when the time runs out

(2)	You get maintenance (automatic updating, bug fixing, etc.) over the net

(3)	Some of that maintenance will entail complete access to your hard disk 
(look at McAfee's online computer checkup service, for example)

As other companies are doing (see, e.g. the Micron ads), software is being 
remarketed as a service. Among other things, this pulls the software out of 
goods-related laws (bye, bye warranty laws and several other consumer 
protection laws), although it firmly leaves software in the scope of the 
new Uniform Computer Information Transactions Act (which is very, very 
Microsoft-friendly). (The Reporter -- senior author -- of UCITA even worked 
as a consultant to MS -- on a separate matter, of course -- during part of 
the time that UCITA was being written.)

In the new regime:

(1)	what protections of your data (privacy) should apply? What restrictions 
should exist on megagiants' ability to access, store, and use your data?

(2)	what assurances of service should we be able to get from the large 
software/service providers?

(3)	to what extent will we see a new variation of anti-competitive conduct, 
for example you get error-free maintenance if your system has MS Office, 
but problems come up if you have StarOffice or Corel loaded instead?

To what extent should the MS remedies look forward to new types of abuses 
associated with the online service model?
_______________________________________________________________________
Cem Kaner, J.D., Ph.D.
P.O. Box 1200, Santa Clara, CA 95052

http://www.kaner.com
http://www.badsoftware.com

Author (with Falk &  Nguyen) of TESTING COMPUTER SOFTWARE (2nd Ed, VNR)
Author (with David Pels) of BAD SOFTWARE (Wiley, 1998)

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