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Adrian Kingsley-Hughes
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No class action status for WGA lawsuit

By | January 22, 2010, 9:34am PST

A federal judge has refused to certify a lawsuit against Microsoft as a class action, a move that has saved the Redmond giant hundreds of millions of dollars in potential damages.

The lawsuit claimed that Microsoft was being deceptive when it pushed Windows Genuine Advantage (WGA) anti-piracy technology onto Windows XP users disguised as a high priority update through the Windows Update mechanism. While the lawsuit will continue though the courts, if it had been given class action status it would have meant that anyone who had owned an XP-based PC in mid 2006 would have been able to join the lawsuit without needed to hire a lawyer.

Poll

Is Microsoft's WGA spyware?

The suit seeks, amongst other remedies, ”actual damages or one hundred thousand dollars per violation, whichever is greater,” and an easy way for users to remove WGA from their PCs.

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Topics

Lawsuit, Microsoft Windows Genuine Advantage, Class Action, Adrian Kingsley-Hughes

Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology.

Disclosure

Adrian Kingsley-Hughes

All opinions expressed on Hardware 2.0 are those of Adrian Kingsley-Hughes. Every effort is made to ensure that the information posted is accurate. If you have any comments, queries or corrections, please contact Adrian via the email link here. Any possible conflicts of interest will be posted below. [Updated: February 23, 2010] - Adrian Kingsley-Hughes has no business relationships, affiliations, investments, or other actual/potential conflicts of interest relating to the content posted so far on this blog.

Biography

Adrian Kingsley-Hughes

Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology -- whether that be by learning to program, building a PC from a pile of parts, or helping them get the most from their new MP3 player or digital camera.

Adrian has authored/co-authored technical books on a variety of topics, ranging from programming to building and maintaining PCs. His most recent books include "Build the Ultimate Custom PC", "Beginning Programming" and "The PC Doctor's Fix It Yourself Guide". He has also written training manuals that have been used by a number of Fortune 500 companies.

Adrian also runs a popular blog under the name The PC Doctor, where he covers a range of computer-related topics -- from security to repairing and upgrading.

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The Issue...
Zorched 25th Jan 2010
...is that Microsoft pushed a new version of WGA on its users as a "Critical Update" meaning that it would install no matter what- especially on systems that were set to automatically install any critical level updates. If you didn't install this "critical update" your system would no longer update.

This update was NOT a critical fix or even a security risk in the system, but rather a tightening of WGA standards imposed by Microsoft. Yet they forced it upon their users without option (the only option was to not install it-- in essence be branded a pirate as far as their servers are concerned-- and no longer be able to get security fixes).

No damages there? I think not.

I would be VERY interested in the reasoning behind this decision.

If this lawsuit is successful, then I would expect an immediate follow-up class action suit by one of the other bloodsuckers-- er lawyers-- that are on the prowl for high profits via class action suits.
View in thread
0 Votes
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Damages?
Cylon Centurion 22nd Jan 2010
What damages?

I hate WGA just as much as the next guy, but WGA never caused any harm to a system I've used or set up.
0 Votes
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agreed
mtgarden 22nd Jan 2010
It's annoying and wrong, but spyware? Not likely. No more than any DRM or other form of licensing is. Obnoxious, but I don't believe that it actually reports personal information, ergo not spyware.
0 Votes
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That's only if it doesn't flag your system as 'not-genuine'
Lerianis10 22nd Jan 2010
When it does do that.... watch out! I've had three computers marked as non-genuine... pissed me off so much, I went out and downloaded a crack for Windows and WILL NOT ever pay for Windows, save on a new computer, ever again.
0 Votes
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I think some money changed hands here
Linux Geek 22nd Jan 2010
or may be the lawsuit should not be about WGA but winzoze as a scourge for today's computers.
0 Votes
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very stylish....
Badgered 22nd Jan 2010
I think some money changed hands here or may be the lawsuit should not be about WGA but winzoze as a scourge for today's computers.

I'm betting you're sportin' a stylish tin foil hat there...

btw, I think your "z" key is stuck.
0 Votes
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just an old keyboard
Linux Geek 22nd Jan 2010
btw, I think your "z" key is stuck.
I'll buy a new one when Linux has more marketshare than winzoze.
0 Votes
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Evrrybody knows linux desktop stinks...
TalentSupporter 22nd Jan 2010
Dream it, Linux is most hated desktop OS among geeks common people dont even want small trace of Linux on their PC
0 Votes
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Why wait a year?
Ron Bergundy 22nd Jan 2010
get it now with the money you've saved by using Linux instead of Windoze!
0 Votes
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...
Badgered 22nd Jan 2010
Why wait a year? get it now with the money you've saved by using Linux instead of Windoze!

Don't be silly, he'll just wait for the Official Linux Keyboard... you know, the "free" one.
0 Votes
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LOL! (nt)
John Zern 22nd Jan 2010
happy
0 Votes
+ -
Linux keyboard?
NonZealot 22nd Jan 2010
Is that the one where you are given a soldering
gun, some wires, a case, 100+ blank keys, a pen,
and you then have to "compile" the keyboard
yourself?
0 Votes
+ -
Heh..
Zorched 25th Jan 2010
That's the funniest thing I've heard in a long time.

"Compile my own keyboard"...
Heh.

Having to compile my own kernel is one of the things that make me shy away from Linux. But mostly it's the inability to play high end games on linux that keeps me trapped as a Windoze user. But with PC gaming riding into the sunset, this will not be an issue for too many more years.
0 Votes
+ -
hmm...
Badgered 22nd Jan 2010
I'll buy a new one when Linux has more marketshare than winzoze.

So you'll be stuck with that KB for the rest of your life then?
0 Votes
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not unless a Linux keyboard comes along
Linux Geek 22nd Jan 2010
I've already got a Linux mouse and its great!
0 Votes
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The fine line - Spyware or Nagware
keebaud@... 25th Jan 2010
The fine line between spyware and nagware is how much information is collected by WGA. Is there any information sent to MS that is not required for validation? And is that information used for any other purpose?
I see if is nagware. Looking at what other people say WGA sends I can't find anything that isn't required for validation.
I believe MS have the right to defend the sales of their product. And as it does not impede the performance of a valid licensed copy I have no issue with it.
0 Votes
+ -
The Issue...
Zorched 25th Jan 2010
...is that Microsoft pushed a new version of WGA on its users as a "Critical Update" meaning that it would install no matter what- especially on systems that were set to automatically install any critical level updates. If you didn't install this "critical update" your system would no longer update.

This update was NOT a critical fix or even a security risk in the system, but rather a tightening of WGA standards imposed by Microsoft. Yet they forced it upon their users without option (the only option was to not install it-- in essence be branded a pirate as far as their servers are concerned-- and no longer be able to get security fixes).

No damages there? I think not.

I would be VERY interested in the reasoning behind this decision.

If this lawsuit is successful, then I would expect an immediate follow-up class action suit by one of the other bloodsuckers-- er lawyers-- that are on the prowl for high profits via class action suits.

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