QoTD: Bill Hilf

“When people buy commercial software, really what they’re buying is a guarantee. You’re buying a guarantee that what you have will perform, and has been tested and there’s someone you can call up, and if things go really bad someone’s liable if something doesn’t work.”Microsoft’s Bill Hilf Reveals Its Open Source Strategy

Of course, when Hilf says “commercial”, he really means “proprietary”, or he’d be supporting the awesome commercial efforts of so many FLOSS companies around the world, who not only provide great support (as a fundamentally necessary part of their business model!) and a throat to choke, but give you the freedom to find support elsewhere.

From what I’m seeing in the market, every month there are fewer and fewer ICT decision makers who are being hoodwinked by lies like these — and this time, as a direct quote from Bill Hilf, who is now Microsoft’s general manager of Windows Server marketing and platform strategy.

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6 Responses to QoTD: Bill Hilf

  1. Wow. There’s almost nothing in that statement that is true (except that it probably has been tested for certain subsets of use).

  2. Juri Pakaste says:

    Yeah. And by “liable”, he means “not liable as specified by the EULA no-one reads”, doesn’t he?

  3. Rusty says:

    Hasn’t read many license agreements I gather. You know, the ones that point out that the manufacturer shall not be held liable for the performance or non-performance of the software for any intended purposes, and that they also will not be held liable for the destruction of your data or hardware.

  4. It’s a dangerous game he’s playing with language… I do believe more and more people will ask the right question after reading that quote: “But… why the hell am I paying for software if I’m really looking for [a guarantee|support|other service]?”

  5. fraggle says:

    From the Windows XP EULA:

    17. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    18. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Microsoft and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by Microsoft with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software or US$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 15, 16 and 17) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

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