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Microsoft sued over Windows Genuine Advantage

The question of whether Microsoft's Windows Genuine Advantage program might qualify as spyware has been simmering ever since people figured out that the anti-piracy tool was checking in with the company's servers on a daily basis, unbeknownst to computer users. This week, Microsoft changed and clarified its practices, although it says nothing underhanded was going on to begin with.

Here's the new twist: A Los Angeles PC user has now made the spyware allegations explicit, in a suit filed this week in U.S. District Court in Seattle. Here's the complaint: PDF. See this story for more on the suit, the issues it raises, and Microsoft's rebuttal to the allegations in the complaint.

As the story notes, the suit seeks class action status, and the lead lawyer for the plaintiff was the lead co-counsel for consumers in the Sony rootkit case.

For the story, I spoke with people including Lauren Weinstein, co-founder of People for Internet Responsibility, who was one of the first to publicly raise questions about WGA's daily check-ins. In a blog post this week, he offered his take on Microsoft's latest changes in the way the WGA tool works. While Weinstein still disagrees with what Microsoft originally did, he said Wednesday that he would prefer to see an open industry discussion about proper practices for software vendors in such situations, rather than a lawsuit.

Microsoft spokesman Jim Desler said the suit shouldn't distract from the purpose of Windows Genuine Advantage, the company's efforts to combat piracy.

But the lead lawyer for the plaintiff, Scott Kamber, said the case aims to make sure that "when something is put on people's computers, it is done with informed consent." Kamber added: "Microsoft has every right to fend off piracy, but they have to do it in a way that is consistent with the disclosure requirements of consumer protection statutes. That's what this case is about."

Posted by at June 28, 2006 10:22 p.m.
Categories: ,
Comments
#7594

Posted by J.Goodwin at 6/29/06 6:48 a.m.

Somehow, I don't think that saying that it's about combating piracy is going to help his case. That's the exact same reasoning that Sony was using.

I don't expect that the WGA Tool is creating the same kind of security nightmare that the Sony DRM software was though. I'd like to know what the software is doing, but if I was paranoid about that sort of thing, I certainly wouldn't be using windows update to update my system, since I already know that it's periodically sending system info to the server to request updates anyway.

#7624

Posted by EleFusion at 6/30/06 7:19 a.m.

Linux or Unix or Mac OS X

'nuff said.

#7625

Posted by EleFusion at 6/30/06 7:20 a.m.

Windows Update? Great???

*coughs*

try a linux program called apt-get. it'll crawl a host of servers for an update to a individual file or program. great? Hell Yea.

#7630

Posted by J.Goodwin at 6/30/06 10:50 a.m.

I'm entirely familiar with apt-get. apt-get does not exist as a way to update windows core components. I've run linux before, and have no interest in running it at this time. Frankly, I didn't realize that this was the appropriate forum for platform advocacy.

#7821

Posted by unregistered user at 7/5/06 8:19 a.m.

I don't think your approval is necessary Goodwin! Linux is a viable solution to the problem. If you take issue with that perhaps you should reassess your association (er, addiction) with M$. Other, more common sense types, will explore alternatives where privacy, and a myriad of other problems, is not at issue. The choice is obvious. Have a nice day!

#10268

Posted by thewizardofahhs at 8/9/06 11:37 a.m.

My letter to Microsoft:

I am a system builder. I have sold thousands of PC's.

I have been getting many calls from my customers complaining that they are getting WGA notices saying their software is not genuine. Yet I know that it is.

I know there are many reasons for this message. I have fixed several customers PC's. BUT I AM NOT GETTING COMENSATED FOR THIS!!!!

IT IS A MICROSOFT PROBLEM, NOT MINE.

I should not have to spend even a minute providing support for a beta WGA notice.

I imagine that there will soon be a class action lawsuit concerning this issue. My (or should I say Microsoft's) customers should not have to put up with this. They should not have to spend even 1 minute troubleshooting this erroneous message.

Some users will be prompted to BUY another license when they do not need to. This would be the primary reason for a lawsuit.

Others will simply want compensation for their time that is required to fix something that should not be a problem.

You are mandating that all your customers help you in your fight againt piracy. You are not compensating them for it. This is NOT THEIR BATTLE!

This also reflects badly on me the system builder. I will lose lots of Goodwill on this issue.

My customers might think that I sold them pirated software. Those that complain to me I have to fix their problem for free. Those that don't complain will buy an unnecessary license or simply buy their computers somewhere else.

I have no recourse to the lost goodwill /revenue hat is directly attributable to your invalid WGA notice. I have no recourse to the damage that you do to my reputation (by stating that the windows that I sold the customer is not genuine).

I have no recourse to the free technical support that I am RQUIRED TO DO because of you defective WGA product.

I am very unhappy.

btw: here is what MS recommends in the WGA FAQ. They shift the support burden to the System Builder!!!

Q: What do I do if I fail the validation test, but am certain that I purchased/have a genuine copy?

A: Contact the reseller that you purchased your PC from. If your reseller is unable to help you, contact your local Microsoft call center. The Microsoft call center agent can help you verify whether the Product Key installed on your PC is genuine. The majority of customers who fail validation purchased their PCs from system builders. The PCs came with a genuine COA, but Windows was installed using an invalid Product Key. For customers who have a legal Product Key from the COA or the backup media that came with the PC, the call center agent can point customers to a Product Key Update tool which customers can use to convert their system to genuine using the legit Product Key they have.

#10561

Posted by EleFusion at 8/14/06 11:25 a.m.

/nod

i'd back you up with a signature or funds if a law suit to take place. i'm not running windows anymore now that linux fully supports the couple of games i play :)

#10798

Posted by unregistered user at 8/17/06 6:55 a.m.

thewizardofahhs,

That really sucks. I feel for you because customers just do not have the knowledge to really understand the issues. Basically MS is destroying your business. It almost seems intentional like they do not prefer distributing through system builders.

Maybe the long term solution would be to provide Linux solutions for customers that can switch. I don't know your business model so take that with a grain of salt. I have ducked this whole issue at home. I have everyone running Debian with one system dual bootable to Win 2K. We are currently XP free.

I cannot join in on any lawsuit as I have no vested interest, but I will relay your plight to raise awareness.

Good Luck,
Frank

#12842

Posted by unregistered user at 9/19/06 3:27 a.m.

Shame as usual about Microsoft's forcing compliance and reeking hazoc again. I'm really not anti-Microsoft but this is just wrong,Again!
When are they going to learn that the consumer is not there for they're use and whim.As a customer I am not responsible for fixing ever one of their screwups.I too had problems with WGA.
So off I when looking and using my time to find an answer. I can just imagine how much I would be charge if it were my fault.
I now run both Windows and Linux as a result of the endless problems. Alot of they caused by Microsoft theyselves.I am now considering permanent move to Linux.
Thanks Mr. Gates for the latest problem.

#26848

Posted by unregistered user at 3/15/07 12:24 a.m.

I know this is an old and cold issue, but I've been hearing about this kind of crap from Redmond since Tetris was the game that "everybody" played. It has only gotten worse, and because of the ignorance and complacency of the majority of people in the "civilized" world, M$ products will continue to hold the greatest market share. They will also, of course, continue to be the worst available, but that will not stop computer-illiterate customers from buying them, hardware producers from supporting them, and software creators from relying wholly upon them. There is no hope that people will ever become enlightened enough to revolt against the Microsoft empire. Just as Marx was wrong about the revolution that never came, so all of you who are predicting a great movement against Microsoft will be proven wrong in the end. The Redmond cancer will most likely run its course, perhaps for decades, and eventually will lose steam as some other "ultimate" software solution takes the place of the nearly ubiquitous Windows flag. "All passes," as Boethius wrote.

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