Microsoft Denies the Windows Kill Switch

WindozeSux writes "Microsoft has denied that WGA will kill pirated copies of Windows. According to Waggener Edstrom,"Microsoft anti-piracy technologies cannot and will not turn off your computer." Microsoft also says that WGA is a necessary part of its campaign to catch those illegally using Windows XP which leads one to think what WGA really does then."

Comments

Please, this was never going to happen

[adamwright]

This was obvious from day one. In any deployment of software there will be bugs, and I've read plenty of incidents of WGA not recognising valid installations (or people using invalid keys for valid purchases). Even if the failure rate was 0.001%, that's still thousands of machines "killed" incorrectly. If just one of these happened to be a prominent journalist, IT decision maker or similar, the fallout for MS would be far worse than anything they'd gain by the action.

So, another hyped story killed with a modicum of common sense (and I'm certainly not the first to point this out). I thought IT communities were meant to be filled with rational people?

Re:Please, this was never going to happen

[jnuzzo]

Which all points to a very convenient (and paranoid) conspiracy theory. Or should I say "another" MS conspiracy theory... try to be rational without rationalizing

It's entirely plausible that WGA does a couple of different things without actually being yet another evil conspiracy, and without any active intervention on installed systems.

Here are a couple of plausible theories that make WGA's existence productive, while not infringing on anybody's rights.

1. WGA just identifies pirated copies.
You buy a new system from a smallish vendor. On your first trip to Windows Update, you see a screen telling you that your OS is pirated. Irate, you complain to the vendor; to MS; and escalate through your state's regulatory agencies. This helps MS isolate pirates but does not affect your ability to get updates beyond a "nag" screen.

2. WGA helps MS collect statistics and nothing else.
When systems connect to get fixes, WGA keeps a counter of pirate-detctions. This allows MS to decide how much to budget for future legal enforcement, and how much to budget for future anti-theft engineering.

Re:Please, this was never going to happen

[deblau]

When talking about 'intellectual property' rights, let's be more clear.

It's purpose is to enforce Microsoft's Intellectual Property Rights. And what right is that? There are really only two -- the right to be paid for Windows, and the right to not have to support Windows that has not been paid for.

Let's start with the first 'right': the right to be paid. Simply put, there is no such right. You won't find it anywhere in the laws of the United States. No one is required by law to buy Windows from Microsoft (certain public offices notwithstanding). While it is true that external factors (ease-of-use, company policy, etc) strongly compel purchasing decisions, those factors are not legal, and do not create a 'right' of payment.

Now, the second 'right': the right to receive support. Again, there is no such legal right. True, there are implied warranties of merchantability, but these can be expressly disclaimed by an EULA. Let's take a look at the XP Home Edition EULA:

15. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA. Microsoft warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state /jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.

YOUR EXCLUSIVE REMEDY. Microsoft's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at Microsoft's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Microsoft with a copy of your receipt. You will receive the remedy elected by Microsoft without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to Microsoft).

So there you have it. They don't have to support their software, ever. If Windows breaks, they have to (a) refund your money, or (b) give you a replacement. They do not have to (c) fix the broken software. Just to make sure you understand that this is their only obligation, they include

16. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Microsoft and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software.

Microsoft has no duty to support Windows. You have no right to receive support for Windows. The main reason Microsoft supports their software is because it's buggy and they don't want people to use something else.

The real question is..!

[Anonymous Coward]

The question is why not kill pirated copies of Windows?

Re:The real question is..!

[mrjb]

The question is why not kill pirated copies of Windows?

Because a pirated copy of windows does MS more good than a legal alternative OS?

Re:The real question is..!

[jimicus]

You're either a troll or you've been living under a rock for the last week.

Because Windows Genuine Advantage is not 100% accurate.

It has declared PCs to be running an illegal copy of Windows when that is not the case.

Now, if Microsoft could guarantee that they were only turning off pirate's PCs, fine. But the first PC they turn off that isn't running a pirated copy of Windows has some pretty nasty repercussions. Especially if that PC happens to be in a large company or owned by a journalist, lawyer or even a prominent person with a blog.

Myself, I think this is the trial run. Let's face it, the first incarnation of anything from Microsoft always sucks. Doubtless Vista will ship with an improved version of WGA, which is slightly harder to crack. Then, a year or two down the line (perhaps with the first service pack), there will be another improved version which actually works quite well. Then... well, then remote killing of pirated Windows installations may just happen.

Re:DUA

[Moocow660]

Oh no... the people who already don't buy windows will hate Microsoft even more.

I'm sure they are trembling in fear.

if the records exist, RIAA or anyone can subpoena

[Anonymous Coward]

Once a record of what is stored on your computer exists at MS, it can be subpoenaed by RIAA, the government, or virtually any company involved in a law suite about virtually anything.

It doesn't matter what MS says about your privacy. If they have your information, they can't protect it from subpoena.

The only safe windows box is one that has no connection to the internet.

Re:What does WGA do?

[Dachannien]

If MS would offer whitebox builders the same price that they offer to the big OEMs like Dell and Gateway, they'd probably see a lot less for-profit piracy. As it stands, the small shops can put together good quality hardware and come out slightly ahead of the big companies, but the moment they add in software (including Windows and Office), they end up being forced to offer the complete system at a very uncompetitive price.

NOT the usual spin!

[KingSkippus]

No, this spin is just... beyond. This is one of the funniest (and saddest) things I've ever read (emphasis mine):

Paul DeGroot, an analyst at Kirkland, Wash.-based Directions On Microsoft, said that while most consumers may find this sort of tracking by Microsoft intrusive, many corporations may actually welcome it.

When asked if companies that have installed more copies of Vista than they have purchased will find those copies de-activated, Microsoft said through its spokeswoman that companies "should think of it more like an application that tracks and protects their use of their Volume License keys and installations."

"Most corporations have no interest with getting away with anything at Microsoft's expense," he said. Indeed, corporations, especially those that have merged with another company or undergone a restructuring, often have a hard time keeping track of all the software they own. Most will "overbuy licenses because it's cheaper to do that then to designate staff people to actively manage them."

In other words, WGA isn't a means of cracking down on piracy, it's a useful tool that companies can use to save money! This message has obvously been brought to you by the same type of people who try to tell everyone that Digital Rights Management is a wonderful thing because it allows you to access content.

Jesus, are people really that naive? Why can't they just say what it is—a tool to keep people who haven't paid them lots of money from using their stuff. At least I could be on board with their motives. (Being paid for stuff I do is nice.) Am I the only one who is insulted not so much by WGA's existence as I am by how stupid they think we are in pitching it?