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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."
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I think taking a larger share of Facebook would be a good move. Facebook is preparing itself to be the platform of the web and this is exactly what MS needs. Also incorporating facebook services with outlook and hotmail could be extremely useful. Unfortunately, a complete buyout would put MS's name behind the service which could turn users away (as fickle as young people are) so, like the previous 250 million investment, it would need to be quiet."
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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.