p2pnet - rss feed: New WGA lawsuit
p2p news / p2pnet: Engineered Process Controls, Univex and others have filed a class action lawsuit claiming Microsoft installed “spyware” on their computers as a “critical security update”.
Brian Johnson has already filed suit saying Microsoft didn’t adequately disclose details of the so-called Windows Genuine Advantage when it was installed through the company’s Automatic Update system.
In this new action, Engineered Process Controls, et al, allege Microsoft violated the Computer Fraud and Abuse Act, the Consumer Protection Act, the Computer Spyware Act, and also engaged in intentional misrepresentation of the software program, says CNET News, going n:
“Microsoft, however, contends the two lawsuits do not present a fair picture of WGA.”
WGA was telling Microsoft every time someone with the not-spyware installed booted their computer. Then, following scads of really bad PR, Bill and the Boyz reduced the phone-home time to every two weeks.
Meanwhile, firewallleaktester.com came up with a tiny application which blocks Windows Genuine DisAdvantage without interfering with the Validation process.
It’s called RemoveWGA and you download here, or here.
Digg this.
Also See:
didn’t adequately disclose - Microsoft sued over WGA, June 29, 2006
CNET News - Microsoft faces second WGA lawsuit, July 5, 2006
July 7th, 2006 at 11:57 pm
No, I suppose if you are caught with your hand in the cookie jar then you would want to say it ain’t so.
Still if it walks like a duck, quacks like a duck, and looks like a duck. Wonder what it could possibly be?
July 8th, 2006 at 7:39 pm
Here is a nice long post of my opinion about the WGA programs and what they are/do. The first thing that needs to be done is to read the most recent EULA from Microsoft about this program. There can be no question that this program is spyware. Please make special notes for sections 6 & 7 on how they can now share the information that the WGA programs collect with others.
EULA:
NOTICE: THIS UPDATE FROM MICROSOFT WILL HELP YOU KNOW IF YOU ARE RUNNING A PROPERLY LICENSED, GENUINE COPY OF WINDOWS XP. SOME UPDATES AND OFFERS FROM MICROSOFT REQUIRE A GENUINE COPY OF WINDOWS XP.
INSTALLING THIS UPDATE IS OPTIONAL. THE UPDATE WILL BECOME A PERMANENT PART OF YOUR WINDOWS XP SOFTWARE.
INFORMATION ABOUT YOUR SYSTEM (FOR EXAMPLE, YOUR WINDOWS PRODUCT KEY AND IP ADDRESS) WILL BE SENT TO MICROSOFT. MICROSOFT WILL NOT USE THE INFORMATION TO IDENTIFY OR CONTACT YOU.
BEFORE INSTALLING, PLEASE READ AND ACCEPT THE LICENSE TERMS BELOW.
____________________________________________________________
MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE TERMS
MICROSOFT WINDOWS GENUINE ADVANTAGE NOTIFICATIONS FOR MICROSOFT WINDOWS XP
Microsoft Corporation (or based on where you live, one of its affiliates) licenses this supplement to you. The following license terms describe additional use terms for this supplement. These terms and the license terms for the software (Microsoft Windows XP) apply to your use of this supplement. If there is a conflict, these supplemental license terms apply.
BY USING THIS SUPPLEMENT, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THIS SUPPLEMENT.
If you comply with these license terms, you have the rights below.
1. Application of Terms. The terms also apply to any Microsoft updates, supplements, Internet-based services, and support services for the software, unless other terms accompany those items. If so, those terms apply.
2. PURPOSE OF SUPPLEMENT. THIS SUPPLEMENT UPDATES WINDOWS XP AND IS DESIGNED TO NOTIFY YOU IF YOU ARE USING AN IMPROPERLY LICENSED COPY OF WINDOWS XP. TO EFFECTIVELY ENCOURAGE THE USE OF PROPERLY LICENSED SOFTWARE, THIS SUPPLEMENT CANNOT BE UNINSTALLED.
3. Validation. This supplement also includes the Windows Genuine Advantage validation tool. The tool will check whether you have a properly licensed copy of Microsoft Windows XP (”Windows XP”) installed. Installation of the validation tool may be required in order to install certain Microsoft software or to use services such as Windows Update. If you have a properly licensed copy of Windows XP installed, you receive special benefits, which are listed on the following link: http://go.microsoft.com/fwlink/?linkid=39157.
4. Notification. If this supplement detects that you do not have a properly licensed copy of Windows XP installed, you will receive a notification and periodic reminders to install a properly licensed copy of Windows XP. This supplement will also notify you if a more recent Windows service pack for the software is available.
5. Internet-Based Services. Microsoft provides Internet-based services with this supplement. It may change or cancel them at any time. This supplement connects to Microsoft or service provider computer systems over the Internet as described below. In some cases, you will not receive a separate notice when it connects. For more information about this feature, see http://go.microsoft.com/fwlink/?LinkId=56310.
6. Computer Information. This supplement uses Internet protocols to send to Microsoft computer information, such as your Windows XP product key, hard drive serial number, PC manufacturer, operating system version, Windows XP product ID, PC BIOS information, user locale setting, language version of Windows XP, validation result and whether the installation of this supplement was successful. Certain information derived from your IP address, which cannot be used to identify you, is retained in association with this computer information.
7. Use of Information. We may use the computer information to improve our software and services, help prevent improperly licensed use of the software, and develop aggregate statistics. We may also share the aggregate data with others, such as hardware and software vendors and volume licensees to help protect their license keys.
8. CONSENT FOR INTERNET-BASED SERVICES. BY USING THIS FEATURE, YOU CONSENT TO THE TRANSMISSION AND USE OF THE ABOVE COMPUTER INFORMATION. MICROSOFT DOES NOT USE THE INFORMATION TO IDENTIFY OR CONTACT YOU.
9. Privacy Notice: For additional Information about the computer information transmitted to Microsoft, see http://go.microsoft.com/fwlink/?LinkId=68985.
10. Support Services for Supplement. Microsoft provides support services for the software as described at www.support.microsoft.com/common/international.aspx.
In my opinion, the message they are sending is quite clear. IN THE EYES OF MICROSOFT, NO MATTER WHO YOU ARE, YOU ARE GUILTY OF SOFTWARE PIRACY UNTIL YOU PROVE YOUR INNOCENSE. THEN YOU MUST PROVE YOUR INNOCENSE OVER AND OVER AND OVER AGAIN! The WGA programs were designed to increase profits. There is no advantage to the end user…..period. Now, just for a moment, lets pretend that the WGA programs stop all software piracy for Microsoft. Do you honestly think that they will pass those savings on to us by lowering their prices? They will just come up with another excuse to increase them such as development costs or enhanced quality testing. Microsoft wants to dominate the OS market even more and will try to get away with just about anything until a lawsuit stops them. Does anyone remember a few years ago when they issued a patch that flagged DR.DOS from Caldera as having errors when you ran it? Microsoft wanted you to use MS.DOS and nothing else. Another thing I have to say is that as of July 11, they will officially end support for windows 98 & windows Me. They will not patch anything and force and estimated 70 million users to upgrade to XP. Win2K has limited support, but you cant upgrade it to IE7, forcing those users to upgrade because we all know how secure IE6 is. Microsoft has said they will not patch IE6 once IE7 is out of beta. Do you see a pattern here? They want your money and will attempt to do almost anything to get it and WGA opens the door for them. These lawsuits are necessary because WGA IS SPYWARE! It is not as malicious as most forms, but they lied about its true nature and made it very difficult to remove. Microsoft has said that 80% of all copies that WGA flags as illegal are correct in doing so. That means that the remaining 20% are false positives. That is 1 out of every 5 copies WGA flags….worldwide. Now look at the tactics Microsoft used. It was deceptively pushed out to all home users, small businesses, and large corporate clients in its pilot phase through automatic updates. That’s right; Microsoft knowingly and willingly had its customers install beta software that was prone to false positives WITHOUT AN UN-INSTALL UTILITY! The WGA programs also provide no enhancements to security or system performance for the entire operating system. In fact, they harm the user by stealing cpu cycles, system memory, and bandwidth for the “phoning home part”. They have a name for a computer program or biological organism that steals resources while providing no benefit to the host….A PARASITE! Their original EULA mentioned nothing about the true nature of this program and certainly didn’t say that there would be no way to remove it if the program breaks your system. This has got to be the one of the best examples of poor programming and totally irresponsible “bad computing practices” for Microsoft in recent years. Also, when did Microsoft also become the police and vow to help protect other vendor’s license keys? In order to do that, this WGA software must scan your system and report all of your software back to Microsoft and dig deep in the registry looking for those license keys. Sections 6 and 7 mention nothing about that. This WGA program is doing a lot more spying than it claims…..still. This is definitely spyware and all information collected can be shared with others. I would really like to know what this program is doing in full detail and what it is transmitting back to Microsoft. I hope another lawsuit is filed because this EULA is still not telling you the entire truth. And just think about this, if Microsoft loses this lawsuit and is ordered to delete all information collected by the WGA programs, then their affiliates will still have it and they will just outsource their marketing to them. How much money is the information in section 6 worth to marketers and spammers? You can be sure that all of the information collected has been passed on to one of their “trusted partners”. I am sorry to have taken up so much of your time ranting, but I believe that I have addressed this issue and raised some very important questions regarding the WGA program. Microsoft does have the right to protect its property, but there has to be a better way than accusing everyone of being a software pirate until you prove that you are not.