Microsoft MDP Nepal has been running a Quiz in the name of “Microsoft Portal Quiz”[1] since January 16, 2010. In the quiz, they ask a simple question, answer of which is required to be sent to an e-mail address that ends with unlimit.com. They claim the prizes ranging from Microsoft Windows 7 DVD, Office 2007, fancy items like wrist watches, backpacks, card readers, etc. Well, I won Win7 DVD for the quiz held in the week of March 08. So, basically, what I had heard was, they would provide retail license of the software that is FPP[2] in their words.

The question about the licensing of the Software distributed as award in the quiz was raised in their developers’ portal[3]. One of the members of organizing committee Ms. Indu Poudel solved the query of the forum user. As you can see in the screenshot, she makes it clear that the licensing is not MSDN-AA (referred by ELMS) and it is awarded with FPP licensing. So, the reply from a member of organizing committee should be regarded as official.

Unlimited Technologies Pvt. Ltd. Nepal[4] represents Microsoft in Nepal. They are the Market Development Partner of Microsoft. Market Development Partner can implement their idea of marketing strategy to overpower their sales. Microsoft Portal Quiz can be regarded as one of the approaches of advertisement. And since, they haven’t mentioned the licensing that comes with the Windows 7 Professional DVD, and by their entity presence in Nepal, it should be clear to layman that they are providing the software for free to the winners which otherwise would have cost hundreds of dollars.

Windows 7 licensing[5] states restrictions such as geographic, academic alliance, or NFR (Not For Resale) applies only when it is explicitly tagged into the packaging of the copy of software provided. The copy of software provided as award is provided in a mere dvd packet without any tags. So that would mean, the license is without restriction. The very uninteresting thing they do is, send out the license keys in the email address without any licensing information as well. A normal winner who cares less about EULA and restrictions imposed legally aren’t aware of it.

Today, I went to Unlimit Building, Khichapokhari to collect the award I won. I asked them if they could provide me with the legal document to prove that I won the retail version of the software or document that will state under which EULA terms I shall be bound to. First, the receptionist asked me to talk to Mr. Ravi Chandra Koirala. When requested, he denied straight to provide me the document. He meant in his word, “Well, you get the serial keys, activate it online, it would activate, why on earth do you need the licensing terms?” I took it seriously. What the heck was this. An answer from a responsible employee of Microsoft? Well, when I started arguing about it, he asked me to wait for sometime to talk to some licensing expert over it.

Waited for about half an hour. And I was called into a meeting room. There I was greeted with wicked smile of 2 other employees namely Mr. Gandip Khaling and other who wasn’t introduced but claimed as being licensing expert of Microsoft. When I put forward the same question about licensing, they admitted the license keys are generated from ELMS server i.e. they are licensed under MSDN-AA[6] license. The so called licensing expert gave me an example of 100 Rupees bill. He said, “If I have 100 Rs. and I give it to you, why is licensing needed in that case, We are Microsoft representative in Nepal and we give you the Windows 7 to use, why do you need license agreement terms anyways.” This did not convince me. I argued that it cannot be applied to softwares and if that would have been the similar case, they must have released the software in public domain. The look on his face was precious and he was speechless.

On the other hand, Mr. Gandip Khaling sort of started a row with me. He stated that he manages the portal quiz and he can distribute anything without letting the user know about the licensing terms. That is ridiculous I would say. I requested them to mention the license restrictions on the quiz page if the softwares were based on MSDN-AA license. But, Mr. Khaling got furious and said, he wouldn’t do that. They were sort of shouting at me against my right to information. Well, If I had won a software, I should have information to the restrictions that applies for I am a responsible digital citizen, and would definitely not like to do anything illegal. Either they are short of information or they are trying to act smart, they are definitely not doing things right. They are giving away ELMS generated license keys to anyone winning the portal quiz whcih is against MSDN-AA license. They are breaking their Headquarters’ policy I should say.

After knowing the truth behind the softwares “awarded”, I chose not to collect the not so legal “award”. I would like everyone to know the truth behind it. Make sure you get acquainted with the EULA that governs the piece of software before you use it. The license key that validates online is not always legal.

[1] http://unlimit.com/Quiz.aspx
[2] https://partner.microsoft.com/40012165
[3] http://msdnnepal.net/forums/t/1655.aspx
[4] http://www.unlimit.com
[5] http://www.scribd.com/doc/23195333/Microsoft-Software-License-Terms-Windows-7-Professional-These-License-Terms
[6] http://msdn.microsoft.com/en-gb/academic/bb250622.aspx

Tags: msdnaa misuse, portal quiz, unlimt