Microsoft Faces Class Action Suit

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Lawsuit alleges that Windows Genuine Advantage antipiracy tool violates consumer protection laws.

Jeremy Kirk, IDG News Service

Friday, June 30, 2006

Microsoft is facing a class action suit over a tool that gathers data on a user's computer in an effort to detect bootlegged copies of its Window operating system.

The suit, filed in U.S. District Court in Seattle on Monday, concerns Microsoft's Windows Genuine Advantage, an antipiracy tool the company introduced in July 2005. The WGA program collects hardware and software data, delivering it to Microsoft servers. The stored information is then used to warn of possible piracy violations.

The lawsuit alleges the program violates consumer protection laws in California and Washington state, and laws against spyware, invasive programs that surreptitiously collect data

Consumers Wary

In introducing WGA, Microsoft finds computer users already sensitized to the question of how they are notified about software installation and privacy issues. Late last year, Sony BMG Music Entertainment provoked controversy by shipping 15 million music CDs containing invasive copy protection software that installed itself on buyers' computers. Sony eventually compensated users who bought the affected CDs, which had software that installed itself without user consent and transmitted data, after a class-action suit.

Suit Says Microsoft Mislead Users

The suit against Microsoft contends the company mislead users in delivering WGA to computers, masking it under batches of monthly updates that often include critical security patches. It asks Microsoft to delete all data collected by WGA and provide users with the ability to remove the software from their computers, in addition to damages.

"In truth and in fact, Microsoft, in its efforts to maximize revenue through antipiracy measures, mislead consumers and the public as to the true nature, functionality and operation of its WGA," the suit said.

Earlier this month, Microsoft admitted a version of WGA under distribution as a "high priority" update was in fact a test version of the WGA software. In April, Microsoft stepped up the WGA program, adding a function notifying users if their copy of Windows wasn't valid and causing it to make frequent contact with the company's servers.

Microsoft Releases Improved WGA

In response to user complaints, Microsoft released a new version of WGA this week allowing people to opt out of notifications. The update also changes the frequency with which the program contacts Microsoft to check the validity of Windows.

Users have also complained the software is buggy, labeling copies of Windows as counterfeits when the license may have been legitimately transferred to a different piece of hardware.

For computers suspected of running bogus software, Microsoft has blocked downloads of free tools such as Windows Defender, its antispyware tool, but allowed security patches.

Microsoft officials contacted early Friday did not have an immediate comment.

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