NETWORK WORLD JAMES E. GASKIN'S SMALL BUSINESS TECHNOLOGY
09/23/04
Today's focus:  Confusion over backing up XP 

Dear [EMAIL PROTECTED],

In this issue:

* Microsoft: Does making a back-up copy of XP violate the end 
��user license agreement or not?
* Links related to Small Business Technology
* Featured reader resource
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Today's focus:  Confusion over backing up XP 

By James E. Gaskin

Turns out I've been telling you - nagging you, even - to break 
the law. By law I mean the software licensing contract you 
agreed to by "buying" Microsoft's Windows XP operating system. I 
apologize.

Stunned reader John W says Microsoft's technical support said 
copying the operating system to an external hard disk violates 
Microsoft's End User License Agreement (EULA). In this case, 
we're talking about doing a full backup or disk image of your 
PC's operating system, applications and data - not just backing 
up data directories.

On the off chance John W misinterpreted Microsoft's policy, I 
contacted the company's PR machine, which told me this:

"In regards to ... how USB/FireWire external drives and back-up 
software works with the Windows XP EULA: According to 
Microsoft's FPP EULA [full packaged product end user license 
agreement] you cannot make a back-up copy of the software, i.e. 
a second copy of the software, installed on a second device. If 
the end-user is doing that with any of the hardware or software 
technologies you listed earlier...then they are violating the 
EULA."

In the month I've been chasing this story, no Microsoft exec has 
talked to me.  However, its PR people said I could attribute any 
quotes I pull from e-mails to Sunny Jensen Charlebois, product 
manager, Worldwide Licensing and Pricing at Microsoft.

Of course I'm still trying to track down this Sunny person - no 
luck yet, either. 

Meanwhile, I contacted back-up software company execs about the 
matter. Stephen Lawton, director of marketing for Acronis ( 
<http://www.acronis.com/> ), says, "maybe that particular tech 
support person got it wrong." Possible, but more likely 
Microsoft changed the EULA for retail packages of Windows XP.

Acronis doesn't do a file copy, but focuses on the bits and 
sectors of the hard disk. That means the system doesn't create a 
useable copy of the operating system that you can save on a 
CD-ROM and copy to another computer. Acronis works with 
Microsoft and has never heard a word about licensing 
infringements from Microsoft directly.

Todd Schuelke, reviews manager for Iomega ( 
<http://www.iomega.com/> ), says, "The backup that a customer 
would make with the Iomega REV drive and the supplied Norton 
Ghost software ...helps [them] recover from a disaster. It's not 
meant to be a  backup of the Microsoft XP install CD, and it 
doesn't [let you] run the install from the REV disk." 

The EULA doesn't mention anything about copying the Install CD.

Brent Bowlby, CTO of Intradyn ( <http://www.intradyn.com/> ), 
reads the EULA as saying you can have a single backup - but 
that's not what it says.  

Bowlby argues, if Microsoft is really against backups, "why does 
it include the back-up applet in XP that allows you to create as 
many backups as you want?" 

Because it gives Microsoft negotiating leverage. As your company 
grows, the Microsoft sales people can claim you're violating 
your EULA, that you need to upgrade to the volume licensing 
agreement to make these backups legitimately. Microsoft answers 
every question about licensing problems with single copies with 
the same answer: Upgrade to a volume licensing agreement.

Sorry, but that's not a good answer for most small companies. 
Until I have more info, you have three choices: create a system 
backup, follow the license agreement, or peruse the (very 
friendly) licensing agreements of some Linux vendors.

Postscript:

After this column was finished, Microsoft's Sunny Jensen 
Charlebois contacted me and told me what the company said 
earlier was wrong. Here's her clarification:

In Section 1.5 of the Windows XP EULA it states: 1.5 
Storage/Network Use. You may also store or install a copy of the 
software on a storage device, such as a network server, used 
only to install or run the software on your other workstation 
computer. The logic here for the customer is that "I'm only 
storing a copy of the operating system on the back-up device, 
and only for the purpose of reinstalling the operating system in 
case of failure."

Unfortunately, what Microsoft claims is "the logic here" is not 
what the EULA actually says. The EULA never mentions backups and 
only grants specified rights and keeps all others.

And Charlebois left out Microsoft's requirement for an 
additional license for that storage device. Next time, we hope 
to have some clearer answers.
_______________________________________________________________
To contact: James E. Gaskin

Gaskin writes books (13 so far), articles and jokes about 
technology and real life from his home office in the Dallas 
area. He has been helping small and midsize businesses use 
technology intelligently since 1986. He can be reached at 
<mailto:[EMAIL PROTECTED]>.
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