Your Paid For Windows 8 Metro Apps: Microsoft's Handy Big Brother Kill Switch

Buy into Microsoft's new Windows 8 Metro interface and you'll be buying into considerably more than you bargained for. The Metro interface is extending the idea of walled garden technology eco systems to the very core of the Windows user experience, since it replaces the standard, versatile and open desktop we've all known and loved for over 15 years. And of course, with it comes Big Brother control over the hapless customer. Microsoft is copying the Apple model of an apps store, with their Windows Store where the store vets each application according to their strict rules, takes a massive 30% cut from developer's royalties (like Apple) and has a kill switch (this last part is much like Google and Amazon too, to be fair, which is somewhat bad when you think about it). Despite this remote ability, Microsoft hasn't wasted the opportunity of denying the customer the option of returning any software that they don't like (just like Steam). This might seem to be standard practice. However, consider the fact that software on disc offered no refunds for an opened copy as the possibility to copy the disc and product key existed. That's not the case here though, as they can simply apply their DRM to quietly take it away from you (and just how does one get around this form of DRM and keep their apps?) This information is from Microsoft's latest update to the Windows Store Terms of Use. We analyze the pertinent bits, below:

Near the top of the agreement they have this line, in bold:

Please note that this agreement allows us to remove applications from your Windows 8 Beta enabled device in certain circumstances. See the Can Microsoft remove apps or data from my device? section below for more details.

Sounds a bit worrying, doesn't it? You should be. They then go on to explain exactly how this works. They can take away your apps and/or data from you for your own "benefit" for "security" reasons (of which there's some truth) but the real kicker are those "legal reasons". Yes, so that covers just about anything and everything, doesn’t it? How about some media apps that Big Content, fronted by the likes of the despised RIAA/MPAA doesn't like, perhaps? There goes your app and your content in a flash. Also, it's quite clear that any data stored or processed by these apps is in no way secure, even if you make backups. And guess what? Microsoft have no obligation to return the data to you! Yes, seriously, they can take it away and that's the end of it. Plus, if you simply change your Windows installation in some way that they don't like, they can use this is an excuse to take it away from you too! The upshot of all this is that if you really have to buy into this, then you had better not have anything more important on your computer than something like Angry Birds, where it doesn't matter. Too much. Here's the offending part of the agreement:

Can Microsoft remove apps or data from my device? We may change or discontinue certain apps or content offered in the Windows Store at any time, for any reason. Sometimes, we do so to respond to legal or contractual requirements. In cases where your security is at risk, or where we’re required to do so for legal reasons, you may not be able to run apps or access content that you previously acquired or purchased a license for. In cases where we remove a paid app from your Windows 8 Beta device not at your direction, we may refund to you the amount you paid for the license. Some apps may also stop working if you update or change your Windows 8 Beta device, or if you attempt to use those apps on a Windows 8 Beta device with different features or processor type. You are responsible for backing up the data that you store in apps that you acquire via the Windows Store, including content you upload using those apps. If the Windows Store, an app, or any content is changed or discontinued, your data could be deleted or you may not be able to retrieve data you have stored. We have no obligation to return data to you. If sign in information or other data is stored with an expiration date, we may also delete the data as of that date.

Nice. And what about those software refunds you can't have?

What happens if I don’t want an app I already acquired? Because the Windows Store services begin immediately when you acquire an app, you do not have the right to cancel your purchase once you get the app. This means there is no withdrawal right or "cooling off" period for your use of the Windows Store, and all charges for apps are non-refundable, except as described in this section. Unless the law in your territory requires a “cooling off” period despite this agreement, you waive any right to a “cooling off” period. You may be entitled to a refund if you attempt to purchase an app from the Windows Store or make an in-app purchase processed by the Windows Store, but the app or purchased content fails to install on your device, or if you purchase an app that we later agree was erroneously described in the Windows Store product description page at the time of purchase. You must contact Microsoft customer support (http://go.microsoft.com/fwlink/?LinkId=232425) to determine if you’re eligible for a refund. If you’re eligible for, and request, a refund, we’ll credit the account associated with your payment method.

So, unless Microsoft is absolutely, totally forced to, there's no way in hell you're getting your money back. Do you still want to buy into this?

This next one's just peachy. Microsoft can just revoke your access rights if they believe that you're in breach of the agreement – but you're still required to pay all charges, naturally:

Can Microsoft change the Windows Store or my access to it? We may change the Windows Store at any time, for any reason or no reason, and we may also cancel or suspend your ability to access the Windows Store if you’re in breach of this agreement. If we cancel your Windows Store service account or your credentials, your right to use the Windows Store stops immediately, but you’re still required to pay all charges already incurred through that account.

Finally, apps bought from the Windows Store are licensed, as would be expected. However, Microsoft only allows up to five installs on different devices. Install it on a sixth device and one of the other copies gets nuked by the long arm of Microsoft. That would be really handy if one of those deleted copies was on a device that you needed to use right now, wouldn't it?

What are my rights for apps I get from the Windows Store? All apps made available through the Windows Store are licensed, not sold, to you. In most cases, that license includes the right to install and use your app on up to five Windows 8 Beta enabled devices simultaneously. If you attempt to install an app on more than five devices, it may be deactivated automatically from one of these devices, so that no more than five instances are activated at any one time.

One can't help but compare this to the Steam service, which is broadly similar, but which is considerably more user friendly, in that they don't impose a limit on the number of "devices" – let's just call it what it is, a computer – and go removing apps you've paid hard cash for, willy nilly off your computers.

This agreement is pretty one-sided and stacked against the user – that's the person who keeps Microsoft's bank balance healthy. It isn't something to attract a prospective customer to a product or service, at all and the reader is encouraged to look at the whole agreement here, to understand its full impact. Perhaps if there's enough of an outcry over this, they'll drop the worst parts of it? This is reminiscient of the Vista installation scandal that allowed reinstallation of the software a mere one time. The outcry this generated caused the company to back down quickly. Curiously, the update date is 2011-10-20, about 6 weeks ago, but news of this is only breaking now, so perhaps it's only just been published on their website?

Source