A close look at the Microsoft Services Agreement

Aug 17, 2015 09:20 GMT  ·  By

Windows 10 has been around in stable form for about 2 weeks and the operating system is already involved in some scandals, some of which include the privacy of its users, but also the content that Microsoft might have access to on our computers.

As we reported to you not a long time ago, some of the terms that Microsoft included in its new policies seem to suggest that Redmond might be able to block pirated games on a computer running Windows 10 with Windows Updates that could scan your computer searching for such illegal software.

At the first glance, this is indeed possible and a Windows update could indeed be used to deploy software that can look for pirated games on a computer, but Microsoft won't do that. And more importantly, Windows 10 won't be used for that.

Windows 10 and its own terms

The terms that have been cited by everyone to state that Windows Updates could be used to disable pirated software are actually part of the Microsoft Services Agreement, as this reddit thread states. And the reference to pirated software is the following:

“We may automatically check your version of the software and download software updates or configuration changes, including those that prevent you from accessing the Services, playing counterfeit games, or using unauthorized hardware peripheral devices.”

But as its name implies, the Microsoft Services Agreement only includes Microsoft Services. And yes, Windows 10 might indeed migrate to Windows as a Service, but it's still not included in these terms. Instead, it's covered by the Microsoft Software License Terms. Microsoft itself says that during the Windows 10 setup:

“Some Windows apps provide an access point to, or rely on, online services, and the use of those services is sometimes governed by separate terms and privacy policies, such as the Microsoft Services Agreement.”

The only reference for pirated content that might actually make sense in this context is part of Section 7.b, as reddit user GenuineID explains.

Both the Xbox and the Windows Games published by Microsoft, as well as Xbox Live services, are included here, so searching for pirated games and unauthorized hardware is something to be expected because everything here belongs to Microsoft. So don't blame Microsoft for scanning your computer for pirated copies of its own software or proof that you might be using unauthorized Xbox accessories.