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Microsoft Sued by a Beijing Student Over 'Privacy Violation'

freakxx writes "Xinhua report that a Beijing University student has sued Microsoft for allegedly gathering personal information via Windows Genuine Advantage. He has demanded a compensation of 1,350 RMB (around US$ 180) and an open apology printed in a national newspaper. The student has accused Microsoft of using WGA to gather information about his computer and himself, rather than solely checking whether or not the installed Windows XP system was genuine. A Microsoft spokesman has declined to speak on this issue and said that the matter is under investigation."

39 of 157 comments (clear)

  1. Priceless by UbuntuDupe · · Score: 5, Funny

    Copy of Windows in China: $10

    Settlement of legal dispute: $150

    Suing Microsoft for collecting your personal info when you live in the People's Republic of China: Priceless.

    There are some things you can blame on the government. For everything else, there's Microsoft.

    1. Re:Priceless by necro2607 · · Score: 2, Funny

      /me watches as Mastercard sends a takedown notice to /. regarding the parent post ;)

    2. Re:Priceless by davester666 · · Score: 5, Funny

      "A Microsoft spokesman has declined to speak on this issue and said that the matter is under investigation"

      In a press release, MS claims:

      We have NO idea what information is gathered as part of WGA. We promise to investigate what information is gathered, and then blame the collection of personal information on a rogue programmer who did it without the permission or knowledge of management. In the future, we promise to encrypt all the personal information we collect so you can't tell that we are doing this anymore.

      No more than 2 puppies were killed to produce this press release.

      --
      Sleep your way to a whiter smile...date a dentist!
  2. Self worth by athdemo · · Score: 5, Funny

    $180? Where's the self-esteem, guy? They violated you!

    1. Re:Self worth by HappySmileMan · · Score: 5, Funny

      $180? Where's the self-esteem, guy? They violated you! I know... I've never paid more than 75 to be violated...

      Wait, what are we talking about?
    2. Re:Self worth by ILikeRed · · Score: 5, Funny

      But just think - there goes 25% of Microsoft's Vista sales in China.

      --
      I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress -J Adams
    3. Re:Self worth by athdemo · · Score: 3, Funny

      I don't know, my definition of prostitution is getting really blurred. You pay? She pays? I just don't know anymore...

    4. Re:Self worth by modecx · · Score: 2, Funny

      Who said anything about a "she"?

      --
      Constitutional rights may be respected, repealed, or modified; but they must never be ignored.
  3. If only... by Starteck81 · · Score: 5, Funny

    ...He could do the same to his own government.

    --
    "There are four boxes to be used in defense of liberty: soap, ballot, jury, and ammo. Please use in that order." -Ed H
  4. Customers. by Tackhead · · Score: 4, Insightful
    > "What we can say is that Microsoft is fully committed to letting customers control their personal information."

    "Customers." They keep using that word. I do not think that word means what most of us think it means.

    OEMs are the customer. The end user who purchases a PC from an OEM and finds himself dependent on Microsoft is not the customer, he is the product.

    1. Re:Customers. by fireboy1919 · · Score: 4, Funny

      Customer:
      1) Person who potentially buys things. The one they buy from is known as a vendor.
      2) (Microsoft dfn). Ugly bags of mostly water+some money. The idea is to get the money out of the bags and then be able to keep it. For some reason, the bags sort of hold on to it when it's being taken.

      --
      Mod me down and I will become more powerful than you can possibly imagine!
    2. Re:Customers. by Anonymous Coward · · Score: 4, Insightful
      > How about a more realistic look: OEMs are the customer who buys the Windows licenses. And end-users are the customers of the hardware vendors who preinstall Windows on their machines to make them usable for the masses.

      The problem with Microsoft is they're no longer working this way. Their business model is much more like that of RIAA/MPAA.

      The guy watching Battlestar Galactica isn't the customer of the Sci-Fi Channel. He's the product. Sci-Fi's customer is the advertiser, who purchases the product (us). BSG is merely the means by which Sci-Fi delivers the product (us) to the customer (advertiser).

      Similarly, Microsoft's installed base is the product. OEMs are the customer, users are the product, and the operating system is the means by which Dell gets to monetize its investment in Microsoft OEM licenses.

  5. Re:M$ should be abelto forceM$ should be able to.. by initdeep · · Score: 5, Funny

    Only if they can also force people who can barely construct sentences to go back to school before posting on public forums as well........

  6. solidarity begins at home. by porky_pig_jr · · Score: 5, Insightful

    to those living in United States. before you start making fun of China, think of the situation with privacy in your homeland. Love, PPJ.

    1. Re:solidarity begins at home. by Foobar+of+Borg · · Score: 3, Insightful

      At least I, as an American, am allowed to think of such things.
      So are the Chinese. The problem is, how much are you practically able to express these things publicly? Recent events have shown that to be rapidly eroding in America.
    2. Re:solidarity begins at home. by E++99 · · Score: 2, Insightful

      The problem is, how much are you practically able to express these things publicly? Recent events have shown that to be rapidly eroding in America.

      Such as what? What are you not able to express publicly in America?

      A guarantee you that somewhere in America right now someone is standing on some street corner with a megaphone (covered in and-written cardboard signs probably) shouting that Bush did 9/11, that he's a war criminal, and should be tried and found guilty of treason. And if the police are doing anything, they're protecting him from the more sensible people who would like to smack him around.

      Hyperbole is one thing, but when it becomes a paranoid fantasy-land where all statements are absurdities, it just takes us that much further from having rational debate and therefore rational policy.
    3. Re:solidarity begins at home. by tftp · · Score: 2, Informative
      And if the police are doing anything, they're protecting him from the more sensible people who would like to smack him around.

      Keep dreaming ...

  7. Re:He's Chinese He Has No Rights! by RealGrouchy · · Score: 2, Insightful

    If he lives in China, where the government censors a hella lot of information, how do you expect him to know that the government is spying on him?

    - RG>

    --
    Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
  8. Re:I'd rather Microsoft have my info by vux984 · · Score: 4, Insightful

    I'd rather Microsoft have my personal info than the government. Any government.

    If Microsoft had it they'd just sell it to the governent. Any government.

  9. Re:I'd rather Microsoft have my info by athdemo · · Score: 2, Funny

    You trust Microsoft, but not /.? Coward!

  10. Re:Let him sue his government first by cromar · · Score: 2, Insightful

    Same could be said about us USians.

  11. Why Doesn't Someone Do It In the U.S.? by asphaltjesus · · Score: 4, Insightful

    WGA works the same here as it does in China. The notion that they collect "no personal information" is very clever, but untrue.

    Microsoft can easily associate your pc with a record in their backend because each pc generates a unique signature. They don't have your name at the moment, but that doesn't mean they don't know who's using their OS when and where. Given the number of times a windows box phones home when it goes online, I'd say there's plenty they know about you.

    This is exactly like the story some months ago where AOL gave out search data that was supposedly private. Same situation, bigger fish.

    BTW, if you are still married to a microsoft OS, your software firewall should be good enough to alert you when it attempts these connections. My Kerio firewall at work does it. And marriage is the right word for it because sometimes you wonder what the hell you got yourself into.

    --
    Got Trader Joe's? friendwich.com RSS feeds work now!
  12. Re:M$ should be abelto forceM$ should be able to.. by aevan · · Score: 5, Funny

    I don't know...forcing people to sing contracts when they agree, might severely cut back on their [EULA]length. I know my voice would.

  13. Re:M$ should be abelto forceM$ should be able to.. by EvanED · · Score: 2, Insightful

    ...and, now I see that the OP is where the "sing" came from.

    Me == idiot.

  14. We're doomed by Tablizer · · Score: 5, Funny

    They are gaining in space, have cheaper manufacturing, out-hacked us (pentagon penetration last week), and finally they are taking our last remaining comparative advantage away: law-suits.

  15. Probably the most important lawsuit this year by SpeedDevil · · Score: 5, Insightful

    I truly hope he wins. And I am glad that he is not asking for much. I'm pretty sure Microsoft will try to settle out of court but I am also pretty sure this guy is not really doing this for the money. The Chinese government has been trying to reinforce the people's trust in their legal system so I don't think they will just push the case aside, especially after it being covered on Slashdot. I really hope this case gets the attention it needs because this case could be the answer to protecting the privacy of all of us. Setting the precedent in China will make way for more precedents elsewhere. Lu Feng ... we are with you!!! K PS: I'm pretty sure somebody in Microsoft is going nuts right now ... hehe

    --
    "The User is a dangerous animal so handle it with extreme caution." Krassi (me)
  16. Why so stingy by Nonillion · · Score: 4, Funny

    Dude, it's Microsoft. You need to move that decimal place at least six more places to the right.

    --
    "I bow to no man" - Riddick
    1. Re:Why so stingy by belmolis · · Score: 3, Funny

      You need to move that decimal place at least six more places to the right.

      Not a problem. If he wins, millions of other Chinese will follow suit. I don't think that China has class actions, so Microsoft will have the fun and expense of defending each suit separately if they don't settle.

    2. Re:Why so stingy by zen-theorist · · Score: 3, Insightful

      i'd say its a bit of a gamble. maybe if MS fess up to this one and pay it instead of contesting (why not?) it could set legal precedent, and then the amounts could be much higher..

  17. Tin Foil Hat #132 by Tablizer · · Score: 2, Informative

    I'd rather Microsoft have my personal info than the government. Any government.

    You are assuming they are mutually exclusive...

  18. Can not mix person and non-personal info ... by AHumbleOpinion · · Score: 3, Informative

    The notion that they collect "no personal information" is very clever, but untrue. Microsoft can easily associate your pc with a record in their backend because each pc generates a unique signature.

    I have some experience in this area. According to our attorneys, but being informally paraphrased by myself, it was important to never mix personally identifiable information (PII) and non-personal information. Any mixing or linking would cause the non-personal to become PII and therefore under the jurisdiction of US and international legislation, with more legislation on the way given the new found importance of this topic. So to make life simple, I may collect the operating system version for demographic reasons but I can not record an account name, IP number, or other PII with that information, nor could I have some common key to associate records in PII and non-personal databases.

  19. Re:He's Chinese He Has No Rights! by Petrushka · · Score: 4, Insightful

    And, er, which country would you suggest he move to? Are you under the impression that there are any countries that don't collect personal data on their inhabitants and conduct surveillance on them? (I omit wiretaps, of course, as there are lots of countries that don't do that.)

  20. Re:Outsource. This is not really funny. by darkmeridian · · Score: 4, Informative

    I would be careful about relying on the testimony of technicians. The United States was lulled into the first Gulf War partially on the testimony of a woman saying Iraqi troops were breaking into Kuwaiti hospitals and stomping infants in incubators to death. It later turned out the woman was a member of the Kuwaiti royal family, and made the whole thing up as part of a systematic Kuwaiti campaign to get America to attack their invaders.

    That's not to say the charges against China are without basis. I'm just advocating some skepticism about people who may have a grudge against China, or have a good reason to lie about torture back home (so they can get asylum and citizenship here in the United States).

    --
    A NYC lawyer blogs. http://www.chuangblog.com/
  21. Re:He's Chinese He Has No Rights! by revengebomber · · Score: 3, Funny

    And, er, which country would you suggest he move to? Are you under the impression that there are any countries that don't collect personal data on their inhabitants and conduct surveillance on them? (I omit wiretaps, of course, as there are lots of countries that don't do that.) Sealand!
    --
    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
  22. Re:He's Chinese He Has No Rights! by rts008 · · Score: 2, Insightful


    So basically, if I catch M$ spying on me, I should get the hell out of the U$?

    There, fixed that for you.

    But, yeah...I understand your sarcasm, but for the clueless wonder you replied to, here are some Educational links (heh!heh!):

    Maybe you missed these earlier: http://yro.slashdot.org/article.pl?sid=07/09/13/1259202, http://slashdot.org/article.pl?sid=07/09/11/1615211,
    http://yro.slashdot.org/article.pl?sid=07/09/11/1228241, http://yro.slashdot.org/article.pl?sid=07/07/22/1712252, http://yro.slashdot.org/article.pl?sid=07/07/02/139251, http://yro.slashdot.org/article.pl?sid=07/05/22/2223236, or this...their version of the future: http://yro.slashdot.org/article.pl?sid=07/09/13/1447235.

    And let's not forget all of TFA's about the NSA, FBI, and who only knows who (or should it be whom?) else is tapping into our tubes in the War Against Terrorism! (tm) here in the good old USA.

    I could go on and on here, but I think this should suffice for now.

    Yes, he probably has not crawled out of mom's basement yet. Let's have a good laugh at his expense just thinking what a shock to his world it will be when he finally does!

    --
    Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
  23. Re:I'd rather Microsoft have my info by jandersen · · Score: 2, Insightful

    Yes, because as we all know, private companies are accountable to The People, whereas governments are only accountable to their shareholders.

    Come on, do you really think that a private company like Microsoft will hesitate as much as one second abusing the information they hold about you if it could earn them money? At least a government - any government - is ultimately accountable by the people. Even the Chinese government has to take the population into account when they make their decisions if they don't want to end up having an uprising on their hands, but Microsoft, and most other multinationals have repeatedly demonstrated a complete disregard for the rule of law, as you well know. Multinational companies can just move to another country, but a government can't, you see.

  24. Re:Outsource. This is not really funny. by ShakaUVM · · Score: 2, Interesting

    Huh, really?

    One of my roommates in college was a Palestinian guy who grew up in Kuwait. His family was in vacation (thank heavens) in America when Saddam invaded. They broke into his house, pissed on the carpet, stole his TV and anything else valuable, and lived in it for the duration of the occuptation. His family's bank accounts got frozen, which he never got back. Fortunately, his father was a big believer in cash when going on vacation and had two hundred thousand dollars *on hand* in LA, with which they bought a 7-11, a car, and a down payment on a house. Unfortunately the 7-11 was in Northridge, but everything eventually worked out all right for him. No thanks to Saddam.

    The piracy charges against China are true. When I was in Shanghai I could have picked up copies of any Microsoft product for $10 or so. They have kids hustling CDs on the streets, containing everything from movies to software to porn. Of course, whenever the 8 year old kids saw a big white dude, they always offered the porn first. We must have a great reputation for being lechers over there.

  25. I'm from China so lemme have some say ... by gzipped_tar · · Score: 3, Interesting

    I'm from Beijing. I understand the situation Mr. Lu Feng is faced with: a monopoly power M$, a considerably corrupted legal system, and the suspected alliance of the two. In Chinese gov't (and persumably court) offices they run the M$ Windiz + Office. M$ is an 'official' choice. If Lu wins, an implication would be that M$ not only voilates out privacy & property rights, but also severely threatens the public security of the country. However the gov't are not fools, neither are M$ men. Gov't clearly knows what M$ is always doing to its costumers. Ergo, PRC Gov't --- M$ is not the same as you --- your software producer. That's why I suspect the two are in alliance with each other --- alliance based on the crime of betrayal and spying. The county is doomed. The PRC collapses and you Amiricans are happy... However that's only some hot air. In reality the lawsuit probably would end in a reconcilation with M$ paying a sum of $ to Lu for his silence. That would be the easiest way for both the court and M$. Even if Lu wins, only a few could benefit from the case --- Lu himself and those private users of authenticated Windiz. The Mass use pirate copies, remember! In my university (Beijing Normal Univ.) there are about 2000 university-owned boxes running pirate Windiz and PowerPoint things, from the library to every classroom ( why do they think every classroom needs a computer??) --- mass violation of the law!! Perhaps the media coverage of this case would encourage more Chinese switching to Linux / (GNU/Linux). Just a wish. Personally, I don't care about it. I'm using Fedora GNU/Linux, remaining quiet over the matter, and I'll be relatively safe. One thing interesting: you guys at /. are much more active on the topic than native Chinese men. You know M$ is just M$. But for many Chinese, M$ means either a large, shadowing power who can sue you against using pirate copies of its products at any time it wishes, or the only OS/office/othersillystuff solution. They don't even know Linux or /. exists.

    --
    Colorless green Cthulhu waits dreaming furiously.
  26. Re:He has already lost. by Bloodoflethe · · Score: 2, Informative

    The EULA doesn't claim personal data as their property. In fact, they go to great lengths in their documentation to say that they are not collecting personal information!

    --
    "Little is much when little you need."