"But here's a tip: Apple concedes that the $29 Snow Leopard upgrade will work properly on these Tiger-equipped Macs, so you can save the extra $140."

I know Apple's PR people are having a heart attack right now reading that. They don't like it when influential journalists suggest violations of the EULA. In fact, they generally label that stuff as "illegal," and I am sure many lawyers would agree that it is.

So, is this Mossberg ripping open his shirt, tying a bandana around his head and saying, "Ahoy mateys, the rules were meant to be keel-hauled!" Or is this a slip-up he's going to have to apologize for—or at least qualify with an explanation—in the morning? Is it a great tip, or is he telling every Tiger user to steal $140 out of the mouth of Steve Jobs? We'll keep an eye out for the answer. [AllThingsD]

Update: Apparently NYT's David Pogue also supports this breach of EULA (or is perhaps using a funny way to report EULA crashers to Apple?):

Don't forget to read our Snow Leopard review!!!!

The fine print we're talking about is Microsoft's Pre-Release Software License Terms for Windows 7 Beta, commonly referred to as a license agreement. It's a long scrolling list of text, the kind you usually skip during installation as you hammer the install button and get the party started. Trouble is, beta agreements are very different than final-release software agreements, and this text isn't available on Microsoft's website (but now it's available on Giz).

Assuming you didn't read it, we read it for you, and can now explain the contract between you and Microsoft that dictates how you use the software, what happens when it expires, what information they can scoop for you and sets the price for your firstborn in trade. Kidding about that last part, but pay attention:

You're Sending Data to Microsoft
Windows 7 is a beta product, which means it's in a testing phase—you're the tester. The whole point is for Microsoft to discover and squash any bugs that pop up, and maybe polish some of the user experience along the way if anything sticks out. Guess what? To do that, Microsoft needs to collect your data. Some of this data scooping is turned on by default, beaming information back to the mothership without needing to warn you that it's doing so. Common information includes your IP address, OS version, hardware ID—device manufacturer, name and version—that kind of thing.

The Windows 7 beta automatically sends error reports back to Microsoft. These "might unintentionally contain personal information. For example, a report that contains a snapshot of computer memory might include your name. Part of a document you were working on could be included as well." That sounds kinda dicey if you're Jack Bauer or the keepers of the Coca-Cola formula. But Microsoft says it doesn't use the info to figure out who you are, so no worries if you're just paranoid Microsoft is trying to hunt you down for some reason. Also flicked on by default is the Customer Experience Improvement Program (CEIP), which "sends anonymous information about your hardware and how you use this software to Microsoft."

Microsoft lays out what kind of information is transmitted by every major feature in detail here, including when the feature does it, how Microsoft uses it and if you've actually got a choice about sending the info. (Activation, no choice or control there, but Gadgets and network connectivity monitoring, yes.)

Sometimes Microsoft doesn't tell you when this on-by-default reporting telemetry can be turned off, but bear in mind that if you have to hack too far into the system to shut it off yourself, you may be violating the agreement by not using the software in the intended manner. As it's put so bluntly: "You may not work around any technical limitations in the software."

Generally speaking, Microsoft is clear that it won't share the info it gleans with the entire world, but they do reserve the right to "share it with others, such as hardware and software vendors" in order "to improve how their products run with this software." So like Dell and Quicken might be going through your crash reports and seeing what kind of computer you use. But you want their stuff to work with Windows, right?

It's More Like a Rental
This has been well-publicized, but in case you didn't know, the Windows 7 beta is a time bomb that will self-destruct on August 1, and might take your data down with it: "The software will stop running on August 1, 2009. You may not receive any other notice. You may not be able to access data used with the software when it stops running." (Another excellent reason to dual boot.) It's possible they could extend the length of the trial, but since all expectations are that the final Windows 7 is gonna ship by July, expect that Aug. 1 lock down to happen.

Did you think Windows 7 was a free ride and you own your very own copy now? Shnope. Microsoft is very clear here: "The software is licensed, not sold. This agreement only gives you some rights to use the software."

Part of the terms here—of Microsoft still owning Windows 7 and you owning approximately dick—are that you can't tell anyone benchmark results unless you get Microsoft to okay it first. You also can't reverse engineer Windows 7, "work around any technical limitations in the software" or use it to host your own server.

Oh, and if Windows 7 wipes out the indie film you've been working on for two years, blows up your mega-super-computer that cost you $20,000 to put together or otherwise completely screws up your life, Microsoft will only cover five bucks. Max.

It's for Testing Only
You can install and use as many copies as you like, but Microsoft says "You may not use the software in a live operating environment unless Microsoft permits you to do so under another agreement." So no using Windows 7, for like, reals. And you can only use it with one virtualization environment per device—so no doubling up Parallels and Fusion either, you rule-breaker you.

You Are Not Permitted to Circumvent Validation.
Well. Okay then. And yes, it's gonna keep checking "from time to time" that it's valid software. If Microsoft sends out an update to the validation software, odds are, they aren't going to tell you about it either—it can be downloaded and installed without telling you—meaning you can't turn it off.

Did We Mention This Is a Beta?
Hey guys? Windows 7 "may not work the way a final version of the software will. We may change it for the final, commercial version. We also may not release a commercial version." That would do lovely things to Microsoft's stock, eh?

Conclusion
If you want the really long version, here's the text of the full agreement. Here's the short version: Microsoft owns Windows 7, it's beaming back information to the mothership that you may or may not able be able to turn off, and you're totally on your own, sucker. Enjoy Windows 7!

Something you still wanna know? Send any questions about Windows, Ballmy, or the McRib to tips@gizmodo.com, with "Giz Explains" in the subject line.

MICROSOFT PRE-RELEASE SOFTWARE LICENSE TERMS

MICROSOFT WINDOWS 7 OPERATING SYSTEM BETA

These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the pre-release software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft

· updates,

· supplements,

· Internet-based services, and

· support services

for this software, unless other terms accompany those items. If so, those terms apply.

By using the software, you accept these terms. If you do not accept them, do not use the software.

As described below, using some features also operates as your consent to the transmission of certain computer information during validation and for Internet-based services.

If you comply with these license terms, you have the rights below.

1. INSTALLATION AND USE RIGHTS.

a. Software License. You may install and use any number of copies of the software on your premises to design, develop and test your programs for use with the software.

You may not use the software in a live operating environment unless Microsoft permits you to do so under another agreement.

b. Time-Sensitive Software. The software will stop running on August 1, 2009. You may not receive any other notice. You may not be able to access data used with the software when it stops running.

c. Term. The term of this agreement will expire on August 1, 2009. You have the right to use the software under the license terms of this agreement during this period. If you do not have a product key, you may need to reinstall the software every 30 days.

d. Font Components. While the software is running, you may use its fonts (including software, metrics and data) to display and print content. You may only:

· Embed fonts in content as permitted by the embedding restrictions in the fonts; and

· Temporarily download them to a printer or other output device to help print content.

e. Icons and other visual assets. Subject to these license terms, you may not copy or modify the images and other visual assets in the software for any other purpose.

2. USE WITH VIRTUALIZATION TECHNOLOGIES. Instead of using the software directly on the licensed device, you may install and use the software within only one virtual (or otherwise emulated) hardware system on the licensed device. When used in a virtualized environment, content protected by digital rights management technology, BitLocker or any full volume disk drive encryption technology may not be as secure as protected content not in a virtualized environment. You should comply with all domestic and international laws that apply to such protected content.

3. POTENTIALLY UNWANTED SOFTWARE. If turned on, Windows Defender will search your computer for "spyware," "adware" and other potentially unwanted software. If it finds potentially unwanted software, the software will ask you if you want to ignore, disable (quarantine) or remove it. Any potentially unwanted software rated "high" or "severe," will automatically be removed after scanning unless you change the default setting. Removing or disabling potentially unwanted software may result in

· other software on your computer ceasing to work, or

· your breaching a license to use other software on your computer.

By using this software, it is possible that you will also remove or disable software that is not potentially unwanted software.

4. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.

a. Consent for Internet-Based Services. Because this software is a pre-release version, we have turned on some internet-based features by default to obtain feedback about them. These features described below and in the Windows 7 Privacy Statement connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off these features or not use them. For more information about these features, see the Windows 7 Privacy Statement go.microsoft.com/fwlink/?LinkId=104604. By using these features, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you.

i. Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based services available to you.

· Plug and Play. You may connect new hardware to your device. Your device may not have the drivers needed to communicate with that hardware. If so, the update feature of the software can obtain the correct driver from Microsoft and install it on your device. An administrator can disable this update feature.

· Windows Update. To enable the proper functioning of the Windows Update service in the software (if you use it), updates or downloads to the Windows Update service will be required from time to time and downloaded and installed without further notice to you.

· Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encrypted information. They also can be used to digitally sign files and macros, to verify the integrity and origin of the file contents. The software retrieves certificates and updates certificate revocation lists over the Internet, when available.

· Auto Root Update. The Auto Root Update feature updates the list of trusted certificate authorities. You can switch off the Auto Root Update feature.

· Windows Media Digital Rights Management. Content owners use Windows Media digital rights management technology (WMDRM) to protect their intellectual property, including copyrights. This software and third party software use WMDRM to play and copy WMDRM-protected content. If the software fails to protect the content, content owners may ask Microsoft to revoke the software's ability to use WMDRM to play or copy protected content. Revocation does not affect other content. When you download licenses for protected content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade WMDRM to access their content. Microsoft software that includes WMDRM will ask for your consent prior to the upgrade. If you decline an upgrade, you will not be able to access content that requires the upgrade. You may switch off WMDRM features that access the Internet. When these features are off, you can still play content for which you have a valid license.

· Windows Media Player. When you use Windows Media Player, it checks with Microsoft for

· compatible online music services in your region;

· new versions of the player; and

· codecs if your device does not have the correct ones for playing content.

You can switch off this last feature. For more information, go to go.microsoft.com/fwlink/?LinkId=104605.

· Customer Experience Improvement Program (CEIP). This software uses CEIP, which sends anonymous information about your hardware and how you use this software to Microsoft. To make it easy for you to provide feedback, CEIP is on by default. To learn more about CEIP, see go.microsoft.com/fwlink/?LinkId=104606.

· Error Reports. This software automatically sends error reports to Microsoft. These reports include information about problems that occur in the software. Reports might unintentionally contain personal information. For example, a report that contains a snapshot of computer memory might include your name. Part of a document you were working on could be included as well. Microsoft does not use this information to identify you or contact you. To learn more about error reports, see go.microsoft.com/fwlink/?LinkId=104607.

· Malicious Software Removal. During the Windows Update service or installation of the software, the software may check for and remove certain malicious software ("Malware") from your device, which is listed and periodically updated at go.microsoft.com/fwlink/?LinkId=104608. When the software checks your device for Malware, a report will be sent to Microsoft about any Malware detected, specific information relating to the detection, errors that occurred while the software was checking for Malware, and other information about your device that will help us improve this and other Microsoft products and services. No information included in these reports will be used to identify or contact you. You may disable the software's reporting functionality by following the instructions found at go.microsoft.com/fwlink/?LinkId=104608. For more information, read the Windows Malicious Software Removal Tool privacy statement at go.microsoft.com/fwlink/?LinkId=113995.

· Network Connectivity Status Indicator. This feature determines whether a system is connected to a network by either passive monitoring of network traffic or active DNS or HTTP queries. The query only transfers standard TCP/IP or DNS information for routing purposes. You can switch off the active query feature through a registry setting.

· Windows Time Service. This service synchronizes with time.windows.com once a week to provide your computer with the correct time. You can turn this feature off or choose your preferred time source within the Date and Time Control Panel applet. The connection uses standard NTP protocol.

· IPv6 Network Address Translation (NAT) Traversal service (Teredo). This feature helps existing home Internet gateway devices transition to IPv6. IPv6 is next generation Internet protocol. It helps enable end-to-end connectivity often needed by peer-to-peer applications. To do so, each time you start up the software the Teredo client service will attempt to locate a public Teredo Internet service. It does so by sending a query over the Internet. This query only transfers standard Domain Name Service information to determine if your computer is connected to the Internet and can locate a public Teredo service. If you

· use an application (e.g. Windows Meeting Space) that needs IPv6 connectivity or

· configure your firewall to always enable IPv6 connectivity

by default standard Internet Protocol information will be sent to the Teredo service at Microsoft at regular intervals. No other information is sent to Microsoft. You can change this default to use non-Microsoft servers. You can also switch off this feature using a command line utility named "netsh".

· Accelerators. When you click on or hover over an Accelerator that supports in-place preview, the title and full web address of the current webpage (if applicable), your computer's IP address, and selected text may be sent to the Accelerator provider. If you use an Accelerator provided by Microsoft, the information sent is subject to the Microsoft Online Privacy Statement, which is available at go.microsoft.com/fwlink/?linkid=31493. If you use an Accelerator provided by a third party, use of the information sent will be subject to the third party's privacy policy.

ii. Use of Information. Microsoft may use the computer information, error reports, CEIP information, and Malware reports, to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with this software.

b. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else's use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.

5. ACTIVATION. Activation associates the use of the software with a specific device. During activation, the software will send information about the software and the device to Microsoft. This information includes the version, language and product key of the software, the Internet protocol address of the device, and information derived from the hardware configuration of the device. For more information, see go.microsoft.com/fwlink/?Linkid=104609. By using the software, you consent to the transmission of this information. If properly licensed, you have the right to use the software during the term of this agreement. If the device is connected to the Internet, the software may automatically connect to Microsoft for activation. You can also activate the software manually by Internet or telephone. If you do so, Internet and telephone service charges may apply. Some changes to your computer components or the software may require you to reactivate the software. The software will remind you to activate it until you do.

6. PRODUCT KEYS. You are responsible for the use of product keys assigned to you (if any). You may not share the products keys with third parties.

7. VALIDATION.

a. Validation verifies that the software has been activated and is properly licensed. It also verifies that no unauthorized changes have been made to the validation, licensing, or activation functions of the software. Validation may also check for certain malicious or unauthorized software related to such unauthorized changes. A validation check confirming that you are properly licensed permits you to continue to use the software, certain features of the software or to obtain additional benefits. You are not permitted to circumvent validation. This is to prevent unlicensed use of the software. For more information, see go.microsoft.com/fwlink/?Linkid=104610.

b. The software will from time to time perform a validation check of the software. The check may be initiated by the software or Microsoft. To enable the activation function and validation checks, the software may from time to time require updates or additional downloads of the validation, licensing or activation functions of the software. The updates or downloads are required for the proper functioning of the software and may be downloaded and installed without further notice to you. These updates and downloads may be delivered to you through the Windows Update service (if you use the service) or through other means. During or after a validation check, the software may send information about the software, the device and the results of the validation check to Microsoft. This information includes, for example, the version and product key of the software, any unauthorized changes made to the validation, licensing or activation functions of the software, any related malicious or unauthorized software found and the Internet protocol address of the device. Microsoft does not use the information to identify or contact you. By using the software, you consent to the transmission of this information. For more information about validation and what is sent during or after a validation check, see go.microsoft.com/fwlink/?Linkid=104611.

c. If, after a validation check, the software is found to be counterfeit, improperly licensed, a non-genuine Windows product, or include unauthorized changes, the functionality and experience of using the software will be affected, for example:

Microsoft may

· repair the software, remove, quarantine or disable any unauthorized changes that may interfere with the proper use of the software, including circumvention of the activation or validation functions of the software, or

· check and remove malicious or unauthorized software known to be related to such unauthorized changes, or

· provide notices that the software is improperly licensed or a non-genuine Windows product

and you may

· receive reminders to obtain a properly licensed copy of the software, or

· need to follow Microsoft's instructions to be licensed to use the software and reactivate,

and you may not be able to

· use or continue to use the software or some of the features of the software, or

· obtain certain updates or upgrades from Microsoft.

d. You may only obtain updates or upgrades for the software from Microsoft or authorized sources. For more information on obtaining updates from authorized sources see go.microsoft.com/fwlink/?Linkid=104612.

8. PRE-RELEASE SOFTWARE. This software is a pre-release version. It may not work the way a final version of the software will. We may change it for the final, commercial version. We also may not release a commercial version.

9. FEEDBACK. If you give feedback about the software to Microsoft, you give to Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft software or service that includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.

10. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not

· disclose the results of any benchmark tests of the software to any third party without Microsoft's prior written approval;

· work around any technical limitations in the software;

· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;

· use components of the software to run applications not running on the software;

· make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;

· publish the software for others to copy;

· rent, lease or lend the software;

· transfer the software or this agreement to any third party;

· use the Potentially Unwanted Software definitions separately from the software; or

· use the software for commercial software hosting services.

11. NOTICE ABOUT THE MPEG-4 VISUAL STANDARD. This software includes MPEG-4 visual decoding technology. This technology is a format for data compression of video information. MPEG LA, L.L.C. requires this notice:

USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG‑4 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR INFORMATION (i) GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESS ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY MPEG LA, L.L.C.

If you have questions about the MPEG-4 Visual Standard, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, Colorado 80206; www.mpegla.com.

12. NOTICE ABOUT THE MPEG-2 VISUAL STANDARD. This software includes MPEG-2 visual decoding technology. MPEG LA, L.L.C. requires this notice:

USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG 2 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR INFORMATION (i) GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESS ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY MPEG LA, L.L.C.

If you have questions about the MPEG-2 Visual Standard, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, Colorado 80206; www.mpegla.com.

13. NOTICE ABOUT THE VC-1 VISUAL STANDARD. This software may include VC-1 visual decoding technology. MPEG LA, L.L.C. requires this notice:

THIS PRODUCT IS LICENSED UNDER THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE VC-1 STANDARD ("VC-1 VIDEO") OR (B) DECODE VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE VC-1 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.

If you have questions about the VC-1 Visual Standard, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, Colorado 80206; www.mpegla.com.

14. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see go.microsoft.com/fwlink/?LinkId=83205.

15. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.

16. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

17. APPLICABLE LAW.

a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.

18. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

19. DISCLAIMER OF WARRANTY. The software is licensed "as-is". You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

20. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.

This limitation applies to

· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and

· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

EULAID:Win7_B.1_PRO_NRL_en-US

[Giz Explains Windows 7 Fine Print]

She says that Google is

"working quickly to remove language from Section 11 of the current Google Chrome terms of service. This change will apply retroactively to all users who have downloaded Google Chrome."

It's not that I don't trust Google, but the Ctrl+C, Ctrl+V explanation ("this means that the legal terms for a specific product may include terms that don't apply well to the use of that product") seems like an odd oversight for a product in secret, heavy development for close to two years. (If you're interested in Chrome, read Steven Levy's deep inside feature about its birth, it's great.)

Either way, whether Google knew it was in there and hoped it would slide—though I can't see a reason for that—or it was an honest mistake, it'll be fixed soon. [Ars]

So, are you enjoying the snappy, clean performance of Google Chrome since downloading yesterday? If so, you might want to take a closer peek at the end user license agreement you didn't pay any attention to when downloading and installing it. Because according to what you agreed to, Google owns everything you publish and create while using Chrome. Ah-whaaa? Update: It was a copy & paste mistake, apparently, and the offending language is being removed as we speak. Thanks, Googe!

Here are the juicy bits in question:

11. Content license from you

11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Google to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

11.2 You agree that this license includes a right for Google to make such Content available to other companies, organizations or individuals with whom Google has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

11.3 You understand that Google, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Google to take these actions.

11.4 You confirm and warrant to Google that you have all the rights, power and authority necessary to grant the above license.

Well, I guess I shouldn't have used Chrome to put some posts up yesterday, because I certainly do not have the rights, power or authority to hand over my work from Gawker to the Googe. Oops! You'll have to pry the rights to my posts from Nick Denton's cold, dead hands, Google.

In any case, it's a pretty unnecessary and unreasonable thing to put in the EULA for a browser, of all pieces of software, which makes it pretty questionable. Why in the hell would Google want ownership of every single blog post or email written in its browser? It's so unreasonable that it borders on the insane. I can't really imagine Google actually invoking this and suddenly publishing heavily edited entries from your LiveJournal for profit, but I think a lot of people would feel much better about hopping on board with Chrome if this little piece of sketchy legalese was axed.

What say you, Google overlords? [Tap the Hive]

"This case has been mischaracterized. There are a lot more complicated issues than just copyright or trademark. There are more complex issues [than those] in respect to the end-user licensing agreement. And antitrust issues come into play, too..."

When pressed further about the situation in the interview, Springer added: "But take a look at the website of the lead attorney representing Apple," he said. "Apple knows where this is going."

I seriously doubt that an antitrust defense will get Psystar off the hook in the end, but it seems to be their best legal option by far. In fact, they probably prepared for this from the beginning. At any rate, it will certainly open up some interesting debates in the coming months. [Computer World via Boing Boing Gadgets]

They also told Information Week that they weren't breaking any laws, and that they were going to continue to sell this system no matter what Apple says. Another example the employee gave was this: "What if Honda said that, after you buy their car, you could only drive it on the roads they said you could?" Even if Psystar's machines aren't anything spectacular, if they can set a legal precedent for third-party manufacturers selling OS X-bundled machines, that would be a win for everybody. [InformationWeek - Thanks Achal!]

Ken Fisher at Ars thinks Microsoft is trying to prevent users from using the same copy of Vista on successive computers over the next (probably) several years. In other words, every time you build a new computer, rather than moving Vista over from your old machine, they want you to buy a new copy.

Microsoft hinted at this late last year with the licensing scheme they initially unveiled. Of course, it was so blatantly restrictive, the backlash on the net was deafening, and Microsoft quickly reneged, seemingly back to a more traditional Windows licensing setup. Since this setup more or less repeats the effects of the recanted scheme, it's possible we'll see a similar uproar over the next week. – Matt Buchanan

Vista "upgrade" drops compliance checking, requires old OS to install [Ars Technica]