Lawsuit claims Microsoft's WGA tool is spyware

You've probably noticed that the Internet's been buzzing lately about Microsoft's Windows Genuine Advantage anti-piracy software that up until recently was "phoning home" user info every day, and now one Brian Johnson of Los Angeles has turned the issue into a legal matter by filing suit against Redmond in U.S. District Court in Seattle. Johnson's attorney Scott Kamber -- who also represented consumers in that class-action suit regarding the Sony rootkit debacle -- is arguing that a recent version of the WGA package, which was rather inconspicuously pushed to users' computers as part of a security update, fits the legal definition of "spyware" because its existence and purpose weren't plainly disclosed to consumers. Microsoft spokesperson Jim Desler counters this argument by pointing out that the WGA tool is not malicious in nature -- which presumably distinguishes it from the "bad spyware" -- and that the "real issue" here is the "industry-wide problem" of software piracy. Still, Microsoft changed the latest version of the tool by beefing up the licensing agreement and eliminating those daily status reports, so even though Desler calls the suit "baseless," we wouldn't be surprised if Johnson ends up with some hush money to prevent the negative publicity that a trial would surely bring.

[Via Slashdot]

[Keeshia @ Jun 30th 2006 12:04PM]

Go dude! If offered "hush money", I sincerely hope he has the balls to turn it down and see the suit through.

[Aram @ Jun 30th 2006 12:10PM]

umm... who's Resler? I think there's a mistake on the last sentence of this post :)

[bob @ Jun 30th 2006 1:07PM]

would windows users even notice yet another piece of spyware amoungst all the rest? maybe microstf will charge them to take it off as a part of there security plan! haha - windows the only operating system where the maker charges extra to make it secure (and whether they do or not is debatable)

[Torontoguy @ Jun 30th 2006 1:24PM]

Since the Rootkit turned out to be a nothing "the sky is falling!" waste of time, I am sure that this is also a complete fiction blown out of proportion by a bunch of hysterics.

[Revrant @ Jun 30th 2006 1:38PM]

Rootkit? What Rootkit?

[Todd @ Jun 30th 2006 1:40PM]

...well, yeah, technically it IS spyware. A simple solution? Do not use that slow, bloated, overpriced, inferior operating system.

[Chris @ Jun 30th 2006 1:55PM]

...well, yeah, technically it IS spyware. A simple solution? Do not use that slow, bloated, overpriced, inferior operating system.

Oh SNAP!! A joke at the expense of Windows!! HOW ORIGINAL!

[neXus @ Jun 30th 2006 2:07PM]

Linux, here I come :)

[Todd @ Jun 30th 2006 2:30PM]

Chris,

No sir, just a suggestion. There is nothing humorous, productive or fun about the use of the Windows operating system.

Respectfully,
Todd

[David @ Jun 30th 2006 2:44PM]

This law suite is just another example of an idiot who thinks he can get some free money. The software is not spyware. Spyware reports back to its makers giving out personal information and stealing data. The WGA tool was designed to stop the theft of Microsoft's OS. It only reported back to see if it should continue operating in case something went wrong.

Regardless of how much you like or dislike Windows, the fact is that stealing is wrong. So yes Microsoft will try to stop this. Quit complaining because another fact is that while a lot of people bitch about how much Windows sucks, they pirate it themselves and use it even though alternatives exist. Those people should be grateful to Microsoft that they don't make it harder to pirate because they could if they wanted to. They don't because in reality they don't care about piracy all that much because it gets people using their OS.

I hope Microsoft decides not to settle with this idiot and fights it out in court, beats him in his own frivilous lawsuit, and then he ends up having to pay all those court costs in addition to then being able to be sued by Microsoft for the court costs they incurred.

[Haasim @ Jun 30th 2006 2:45PM]

"Negative publicity"? It is generally understood that Microsoft makes shit products, but people use them anyway. It doesn't matter how much bad publicity MS gets. When your only alternatives are either an overpriced Macintosh or a useless Linux machine, there isn't really much of a choice for the average user.

However, I'm glad to see that the greed of lawyers can actually work in our favor sometimes. Hopefully costly penalties will cause software companies to wise up and stop spying on us—that's the government's job.

[David @ Jun 30th 2006 2:47PM]

"There is nothing humorous, productive or fun about the use of the Windows operating system."

Yet billions around the world seem to get plenty of productive work done on Windows as well as have tons of fun playing games.

[oshean @ Jun 30th 2006 2:50PM]

95% of the market finds that there is nothing humorous, productive or fun about the use of the Windows operating system. That seems sensible.

Torontoguy guy is right, CD-ROMs didn't stop working after uninstalling a particular software and Sony recalled and exchanged music CDs for no reason.

[William @ Jun 30th 2006 3:56PM]

"Yet billions around the world seem to get plenty of productive work done on Windows as well as have tons of fun playing games."

As I play my CS:S game on pirated Windows and do all my work on OS X! ;-)

[Chris @ Jun 30th 2006 4:18PM]

Neither is there anything humorous about elitist apple sheep that think they are superior because they pay more for a computer.

[Jesse @ Jun 30th 2006 6:47PM]

If you have pirated software, then you shouldnt bve bitching about a genuine advantage notice.

Buy the product, register the product

The end.

[Michael @ Jun 30th 2006 8:47PM]

The only people this affects are illegal users of the software. Case closed.

[187 on John Doe @ Jun 30th 2006 9:14PM]

I bought my Windows and am actually pissed that all the time I download some new WGA shit. And have to verify again and that shit (I format every 3 moonths). It's a pain.

[bliss @ Jun 30th 2006 9:31PM]

Negative publicity? I don't know what's given MS more negative publicity, this current accusation or Vista's 4-year long development *shrug*

[Shunnabunich @ Jun 30th 2006 11:57PM]

I think the only *positive* publicity Microsoft even gets anymore is that which it pumps out on its own, and whatever spews forth from the few remaining MS fanboys around here. ^_^

Just to be anal, though: Macs aren't overpriced, they just (unfortunately) don't get subsidized out the wazoo like generic PC boxes.

[GhostDoggy @ Jul 1st 2006 8:48AM]

Todd, are you suggesting the masses go use a rebadged Linux or BSD operating system and use it on a locked down computer hardware IntelMac while paying a premium for it? :)

[quahogian @ Jul 1st 2006 10:25AM]

what's big deal about WGA anyway...there is at least few websites with over dozen of ways how to disable it... I already did the first day it bothered me...case closed

[David R @ Jul 1st 2006 12:27PM]

WGA is a threat because upon checking in with Microsoft's servers (I assume via a DNS address like they always do), it is capable of doing many bad things to your computer, such as downloading programs and running them as administrator. Without your permission. As per the EULA.

If that doesn't bother you, how about someone hijacking that DNS mapping and making everyone connect to his server instead of MS's? This program opens up a whole range of security issues. I suspect it will be used in an attack on Windows systems within the next month. Hopefully the authentication mechanism won't be broken, otherwise there could be huge issues!

If Microsoft wants us to think that they refocused on security some years back, and that it was a gradual process that should start to pay dividends soon, what are they doing here? Undoing six years of goodwill I had towards them starting with Windows 2000 in one "critical" update.

Personally? As soon as I read about the WGA tool, I simply turned off Automatic Updates. No more updates for this machine, critical or otherwise. I run AV, anti-spyware (and I don't install random programs off the internet so it's not a big problem), and I'm behind a router. I imaged the box right afterwards, so if there are any problems I can go back to this nicely-configured state rather than a reinstall from CD.

Now as for Vista, if it requires the WGA tool or otherwise desires to periodically contact MS without my permission, I'll have to stay away from it too, or at least I'd have to isolate it and filter it's ability to connect to the internet. Brave new world indeed.

[tekdroid @ Jul 2nd 2006 1:44AM]

Posted at 8:47PM on Jun 30th 2006 by Michael [ ! ]
---
The only people this affects are illegal users of the software. Case closed.
---

Actually, it has affected completely legal users, too. With valid serials. The validation is not perfect. Imagine how you'd feel selling a legit Windows XP to a customer, and that same customer coming back to you complaining that it's counterfeit. Would you like that shady reputation that goes along with that? All because Average Joe thinks Microsoft cannot be wrong?

Surely this stigma would affect your business and the recommendations (or lack of) coming from customers about your service?

[GECKOBOY @ Jul 2nd 2006 8:23AM]

UUmmm....the one problem i have with WGA is the fact i believe it is spyware....microsoft has already check your system once to see if it is legit....why do they need to check it every time you start my pc when it was already checked as legit. its not like my pc is gonna go to being a pirated version if i have a cd key and such already verifing that mine is legit

Right now i have Mcafee firewall blocking it cause i do not believe in the eveery day checking