Microsoft sued for producing spyware
updated 11:35 am EDT, Fri June 30, 2006
Spyware suit targets MS
A California resident has filed a class action lawsuit against Microsoft, alleging that the company violated spyware laws with anti-piracy features of its Windows Genuine Advantage software. Apple's Mac systems maintain the reputation of being resistant to spyware and virus infections, although numerous experts continue to stress that Mac users are not impervious to threats. Los Angeles resident Brian Johnson claims that the software giant failed to disclose all the details of its Windows Genuine Advantage upgrade in April, which was designed to help curb piracy of the Windows operating system, according to eWeek.com. The suit claims that Windows Genuine Advantage became akin to a form of spyware when Microsoft enabled the software to contact company servers to help identify people who may be using pirated versions of Microsoft Windows.
Johnson alleges that Microsoft violated the terms of California and Washington spyware laws by failing to adequately inform users that the controversial elements of Windows Genuine Advantage were being installed as part of a periodical security update. While Microsoft could be subject to fines if found liable, the suit primarily seeks to prevent the software giant from enacting a similar strategy in the future, and that the company thoroughly inform users of all the details of its updates, according to the report.
Microsoft flatly denies that it left out details of the software update in its user license agreement which was bundled with the security update in question.
"These allegations are without merit, and this distorts the real objectives of the Windows Genuine Advantage program and obscures the real issue, which is the harm to consumers posed by software piracy," Jim Desler said, a spokesperson for Microsoft. "As with all of our programs we've gotten constructive customer feedback, the program has evolved and we've made improvements; Microsoft continues its efforts to foster better communications with its customers."
Johnson's attorney said his client is not seeking fame or fortune from the lawsuit, but wants to ensure that Microsoft is forced to improve its disclosure policies. The lawyer also said the suit is not intended to link Windows Genuine Advantage notifications to malicious spyware.
"Our client was concerned that what was being installed as part of a security update was actually something for piracy protection; we have no issue with Microsoft's ability to protect its intellectual property, but if that involves installing software on a user's computer, it must be done with full disclosure," said Scott Kamber, attorney for New York-based Kamber & Associates. "We think that the validity of the claim has already been proven with Microsoft's decision to release an update."
WTF?
06/30, 01:27pm reply
What in the world does this section, Apple's Mac systems maintain the reputation of being resistant to spyware and virus infections, although numerous experts continue to stress that Mac users are not impervious to threats.
have to do with the rest of the article? Just trying to come up with something that ties it to the mac?
testudo
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Joined: Aug 2001
I disagree
06/30, 01:33pm reply
Microsoft has done nothing wrong here.
fahlman
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re: WTF?
06/30, 05:24pm reply
i was wondering the same thing. even in the paragraph where that phrase is, it doesnt make sence why its there!! oh well.
FastAMX79
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re:I disagree
06/30, 06:13pm reply
Well i dont know if its illegal, but its morally wrong. Installing software that spys on your machine and secretly reports back to base. Sounds like 'spyware' to me.
coldfusion1970
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Joined: Nov 2004
fahlman. Do you have a PC
06/30, 07:22pm reply
99% of XP PC's have Windows Update activated. WGA was distributed by this method, marked as a Critical Update even though MS has described it a Beta version. What is more if you have the Auto install option checked, it got installed without the user taking ANY ACTION. It then calls home to check the serial EVRY TIME Windows is restarted.
Mediaman_12
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y.a.f.c.a.l.
06/30, 07:51pm reply
Yet Another Frivilous Class Action Lawsuit
Johnson's attorney, Scott Kamber, of New York-based Kamber & Associates, said his client isn't seeking fame or fortune through his lawsuit
And what the attorney did not mention is their law firm is the one who is in it for the "fortune" as is typical of most class action lawsuits.
Senbei
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Hangers On
06/30, 09:54pm reply
Many economists insist that the cost of eliminating freeloaders always consumes more resourced then the resources lost to the freeloading. Microsoft has traditionally, like most software providers, attempted to circumvent this truism by offloading enforcement costs to government (i.e., the taxpayers). These new software mechanisms for tracking usage are a small step forward by returning contract enforcement to where it belongs, between the parties involved. However, Microsoft's attempts to do this surreptitiously is foolish in the extreme. Their unwillingness to state baldly their intent is easily and understandably mistaken for the type of sleazy business tactics that consumers have come to expect in this era of Eron, WorldCom, etc., etc. Is this suit frivolous? Probably, but it should tell Microsoft something. That its own customers don't trust Microsoft and that they disrespect Microsoft for not trusting their customers. Is that horrible public relations cost worth the cost of eliminating a few hangers on? Probably not, The economists are probably still right.
debohun
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It is...
06/30, 10:18pm reply delete
An app/service that monitors users without their knowledge or explicit consent... sounds like spyware to me, in every way.
Gabriel Morales
Joined:
Apple should leverage...
06/30, 10:19pm reply
Contrast Microsoft's approach to Apple's, and the relationship that Apple has with its customers; include a look at market performance for the past year and it seems that trust pays of it spades. Apple should make public hay of this. Imagine my idea for a new episode of the PC "corporate suit" guy and the Mac "hip geek" guy commercials. This one with the corporate suit guy crawling out of his box and immediately being attacked by a swarm of scowling lawyers demanding contract signatures and hooking up remote monitors. Then the hip geek guy craws out of his box, waves, turns and shakes hand with Steve Jobs, who simply says "Thanks for buying a Mac," and walks away. [Of course, Apple's own set of scowling layers may immediately beset me for daring to offer unsolicited ideas--which shows that even Apple has room to learn.]
debohun
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debohun...
07/02, 03:38pm reply
...i like the way you think.
rtbarry
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