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Article #334

Novell Y2K Ferret actually Y2K Weasel?

#334
From: clash bowley
Date: Fri, 11 Jun 1999 00:00
199 lines
10199 bytes
Novell have been pushing a program called the Y2K Ferret, which it
promotes as being able to check your Novell machines for Y2K problems. 

 Procedure: Download the Ferret from Novell. Run it on your Novell
server. Send data it collects back to Novell, where Novell sifts it for
possible Y2K problems. 

 Being the professional paranoid that I am, I asked Novell what
guarantees I had that this data was safe to go out on the net (i.e.
encrypted) and that this data would not be abused by
 Novell. 

 Their answer was "Read the Terms and Conditions." I did. I append them
here marking the relevant portion. I also append my reply to them. 

 If you want, please pass this around to any Novell admin you know. 

 Any comments? 

 clash 
 Flying Mice LLC 

 *********************** Terms and Conditions
******************************** 


 >terms of use 
 >for the novell(r) Year 2000 Information ferret(tm) software 
 > 
 >Important - Please read carefully. By installing the accompanying
Novell(r) Ferret(tm) Software (the "Software"), You agree to be bound by
the terms below. If you do
 not agree with these terms, You are not authorized to install or use
the Software. 
 > 
 >"Year 2000 Compliant" or "Year 2000 Compliance" means the ability of a
computer product to accurately function beyond the year 1999. 
 > 
 >Transmission and Utilization of Data. By means of the Software, You
may submit Year 2000 Compliance information to Novell and Novell may
transmit a
 corresponding Year 2000 Compliance status report to You. The data so
transmitted is in compressed form, but is not encrypted. Novell
disclaims any responsibility
 arising out of the transmission of this data. The Software and
resulting Year 2000 Compliance status reports are provided in English
only. 
 > 

 **************** read this paragraph, folks. ************************** 

 >Any personal data supplied herein may be processed and recorded in one
or more database(s) under the control of Novell, Inc. The supplying of
all data is optional.
 However, failure to supply data may result in limited access to the
Year 2000 status information provided by the Software and will limit the
ability to utilize the Software.
 This data is intended for use by Novell Inc., its subsidiaries and
reseller channel, for purposes of identification and authentication,
direct marketing and to assist you
 with Year 2000 Compliance information concerning Novell products. 

 ********************** end important section ************************** 

 > 
 >By installing the Software and providing information to Novell you
acknowledge having read and accepted these conditions and grant Novell
permission to utilize the
 data provided as described. 
 > 
 >Software. The Software you acquire from Novell is provided "AS IS" and
without any warranties of any kind. You should not rely on the Software
as your sole or
 primary method of determining Year 2000 Compliance (as defined above);
any test results from using the Software can only provide a portion of
the information needed
 to test your system, and should not be considered to determine
conclusively Year 2000 Compliance. Further, the Software might not
function on certain platforms. In
 addition, because of the inherent complexities of computer hardware,
software and networks, and the wide variety of uses of computer systems,
Your computer systems
 may change several times between now and the year 2000. As a result, in
addition to the general disclaimers set forth in this document, Novell
must disclaim any
 responsibility for the accuracy or adequacy of any information
generated by the Software. 
 > 
 >Disclaimer. NOVELL EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
 AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS AS TO THE
ACCURACY OR COMPLETENESS OF THE INFORMATION
 PRODUCED BY THE SOFTWARE. THIS SOFTWARE MAY NOT BE SUITABLE FOR USE IN
ALL SITUATIONS, AND ANY USE BY YOU IS AT YOUR OWN
 RISK. NOVELL DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY YOUR
REQUIREMENTS OR THAT SUCH SOFTWARE IS WITHOUT
 DEFECT OR ERROR OR THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED. Some states do not allow limitations on how long an
 implied warranty lasts, so the above limitation may not apply to you.
This warranty gives you specific legal rights which vary from state to
state. 
 > 
 >Limitation on Liability. NOVELL'S AGGREGATE LIABILITY ARISING FROM OR
RELATING TO YOUR USE OF THE SOFTWARE OR DOCUMENTATION
 ACQUIRED FROM NOVELL IS LIMITED TO THE TOTAL OF ALL PAYMENTS MADE BY OR
FOR YOU FOR THE SOFTWARE OR FIVE (5) U.S.
 DOLLARS, WHICHEVER IS GREATER. NOVELL SHALL NOT IN ANY CASE BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL,
 INDIRECT OR PUNITIVE DAMAGES EVEN IF NOVELL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOVELL IS NOT
 RESPONSIBLE FOR LOST PROFITS OR REVENUE, LOSS OF USE OF THE SOFTWARE,
LOSS OF DATA, COSTS OF RE-CREATING LOST DATA, THE
 COST OF ANY SUBSTITUTE EQUIPMENT OR PROGRAM, OR CLAIMS BY ANY PARTY
OTHER THAN YOU. Some states do not allow the exclusion or
 limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. 
 > 
 >Thank you, 
 >CRC Y2K Team 
 > 
 >Disclaimer. This is a work in progress and is provided "AS IS" without
any warranties. Novell expressly disclaims any warranties or
representations as to the
 accuracy or completeness of the contents and expressly disclaims any
implied warranties of merchantability or fitness for a particular
purpose. The contents are not
 suitable for use in all situations, and any use by you of the contents
is at your own risk. Readers are advised this information is updated
from time to time as new data is
 available. Novell will not be liable for damages of any kind, including
direct, consequential (including loss of profits, business, or data) or
special damages, which may
 arise out of or result from reliance on or use of this information. 
 > 
 >Novell makes no warranty or representation regarding any third-party
products; such products are provided "AS IS". Users interested in the
Year 2000 readiness of
 these products, or corresponding warranty information, should contact
the respect third-party product manufacturer 
 > 


 *************************** My reply to Novell
**************************** 

 Apparently, you may take the data we supply to you and use it for: 

 A: Identification and authorization - This is, I take it, to check on
whether we have a license. Legitimate, but sneaky. 

 B: Direct Marketing - Now every one at our company and all our
customers can be rewarded with spam email, unsolicited advertising, and
phone calls at dinner time. Nasty, short, and
 brutish. I don't know why I assumed you wouldn't screw the customer.
Apparently, any trust I may have held in your company is totally
mistaken. 

 C: Assisting us with Y2K compliance concerning Novell Products -
Without a guarantee that it will find any problem, if one exists, or
help with that problem, if it finds one, or even do
 anything at all. 

 In return for this service, we get: 

 A: The peace of mind in knowing our data is being blown out onto the
internet in unencrypted form for anyone to intercept and read. 

 B: The warm feeling that comes from knowledge that anything our
customers have entrusted to us, including, but not limited to credit
card numbers, contacts, email and snail mail
 addresses, telephone numbers, confidential financial data, confidential
scientific data, etc.; and including but not limited to our own
confidential financial data, internal memos, blueprints,
 research data, marketing data, etc.; and including but not limited to
our employees email addresses, personal information, salary information,
expense account information, personal email,
 home addresses and phone numbers, etc. may be used by Novell in any way
it sees fit, including the possibility of selling this data to anyone
who forks over the cash. What a gold mine! 

 C: The possibility that it might actually find a Y2K problem in the
process of doing its other work. Oh, joy. 

 This is a vile and contemptable way of doing business. I hope your
assumption that all of your customers are congenital idiots turns out to
be mistaken, but I fear otherwise. I'm going to
 post your terms and conditions and my reply to you onto the web,
excising anything else from you, including your names and email
addresses, and all headers. I am a responsible net user
 with consideration for other's privacy. If this prevents one person
from making the mistake of trusting Novell with their data, then I am
content. You have lost all of the considerable
 goodwill you had with me, and, I hope, with anyone who reads these
terms. 

 clash bowley 
 Systems Administrator and MIS Manager 
 <name of company deleted> 
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From: clash bowley <clash@flyingmice.com>
Subject: Novell Y2K Ferret actually Y2K Weasel?
Date: 1999/06/11
Message-ID: <3761465D.74B94ED6@flyingmice.com>
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