Friday, June 30,2006 @ 11:35am
Microsoft sued for producing spyware
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."