Microsoft Dodges Class Action In WGA Lawsuit
An anonymous reader writes "A lawsuit that accused Microsoft of misleading consumers to download and install an update for Windows Genuine Advantage under the guise that it was critical security update will go forward, but not as a class action. A federal judge has refused to certify the lawsuit as a class action, which would have meant that anyone who owned a Windows XP PC in mid-2006 could join the case without having to hire an attorney. As Windows XP was easily the most popular operating system at the time, the ruling means Redmond has managed to avoid hundreds of millions in potential damages."
I never planned on using the corporate justice system anyway.
I used the consumer justice system... I pirated some of their software and then switched to Linux.
...the ruling means Redmond has managed to avoid hundreds of millions in potential damages
All of which would have gone to the lawyers.
They don't deserve being sued for this anyway. WGA enables other updates to be installed, it pretty much is a security update.
If you can dodge a class action lawsuit, you can dodge a ball.
By the time the settlement or judgment is made -- assuming Microsoft doesn't go to trial and win -- the damages would probably amount to a few bucks per end-user anyway. It's the injunctive relief that matters IMHO. Microsoft should be forced to comply with anti-spyware laws. That can potentially happen whether the suit is class action or not.
[Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
Seriously - we all know this. Every class-action against a tech company usually results in (at absolute best) a hundred bucks or so to each class-action participant, while the lawyer(s) leading the charge get to go buy a new yacht/house/jaguar/whatever with their take.
Quo usque tandem abutere, Nimbus, patientia nostra?
As in the patent infringement case - even "several hundred million" is only a couple of days' revenue, assuming the crooked bastards lost.
Penalties against Microsoft do not change their behaviour.
you had me at #!
I can see why they would tell a customer that the Windows Gen app was a security update. To a lot of users they just know that if they download a "high" priority update they will be protected.
Take my mom for instance, her entire computer knowledge equates to if I double click the blue E icon Google appears and then I can youtube. So then only way she would know that she should get an update like Windows Gen is if it was declared high priority and had the word security attached.
This lawsuit is fair but I agree that it should not be class action.
"This was indeed a critical security update. An update to secure the legitimacy of the software which we support."
Then the judge rules in favor of Microsoft.
The end.
~The roAm
How about original linkage? : http://www.electronista.com/articles/09/09/04/microsoft.sued.over.wga
The lawsuit is for $5 million for the whole class. You do the math and tell me if this is to benefit the lawyers or the end users. This isn't about MS, it's about lawyers making money. I have a feeling there will be a lot of misplaced outrage in these comments.
Also, it was a high priority update, _not_ a critical security update. Inflammatory summaries again.
How many of the people that were to join the class action suit would have had legitimate copies of XP flagged as illegitimate? I know very few people that had this happen. A few corporations had their volume keys flagged as such, but if the admin was doing things properly, they would have denied the update through group policy (or some other patch management).
For all the individual users - I remember coming across a few who decided to let their beliefs be known at a few functions I attended. They were up in arms over this, how it removed their background, and had a nuisance box pop up on the system tray. I asked if they bought the copy - they said no. So, WTF is the problem? You steal something, then get upset, when you get caught? Be happy, nothing really happens when you get caught. MS is basically saying "we know you pirated this, but no worries, just buy a copy now, we won't tell, we won't take you to court, we won't send Jimmy to break your legs."
Now, we can all be pro-linux, pro-mac, pro-whatever, but the bottom line is, Windows costs money, and like any other company, MS has to make money to continue making Windows, etc. Now, they may be charging TOO MUCH, but this is a case for a monopoly. Just because all the oil makers are in cahoots, doesn't mean we can steal gas because we feel because it is a monopoly their prices are too high. And to jab the Apply fanboys - Apple releases OS updates YEARLY for $130. MS fanboys have had the pleasure of paying $200 retail (or $140 OEM w/ a mouse or stick of ram, or anything else cheap), for 5 years. I bet if MS released OS updates every year for $130, everyone would be up in arms, but when Apple adds a program like Notepad to it's OS, they repackage it, and call it something cute. I'm waiting for Apple Liger (it comes with a new theme!!!!!!!!!).
So, back to reality, if you stole Windows, expect the genuine advantage to show up. And I love it, you know why? Because I'm a legitimate sysadmin, and when I load on Windows XP, Server, or even Linux (Redhat, or another one with support) I purchase the program, and make sure my clients are fully licenced. I have to compete with people who steal software and sell computers with pirated versions. The client usually does not know the difference, until the genuine advantage shows up - and I love this, because it weeds out the PC makers that are cutting corners and pocketing the extra money. The client gets pissed, then the PC maker ends up getting in trouble.
Managed to "dodge"? This is the classic definition of a frivolous lawsuit. this is not a compliance lawsuit. There is no injuctive relief. This is a perceived slight by litigous individuals. Why didn't the entire case get thrown out altogether?
WGA renamed for Vista and 7 as "The Windows Activation Technologies (TWAT)" Your Honor, I rest my case.
http://politics.slashdot.org/story/10/01/21/2014204/Supreme-Court-Rolls-Back-Corporate-Campaign-Spending-Limits
The problem with the case is that plaintiff's' attorneys have failed to meet the legal requirements to certify the lawsuit as a class action. The initial pleading has been repeatedly amended to add and drop plaintiffs, while at the same time it is not able to advance coherent legal arguments backed by evidence. Courts will not certify a lawsuit as a class action based on wishful thinking. The courts require prima facie evidence that the issue is widespread, that many people are harmed, and that judicial economy will be best served by having a single lawsuit. This isn't a "win" for Microsoft or a "loss" for the common man; plaintiffs' attorneys haven't done their homework and met the burden of proof for certifying the class.
I have an older computer that while in a hurry allowed the WGA to start to install. I wanted to cancel that installation but now was unable. Every time I boot it asked to continue with the install and I cancel out of it. Does anyone know if I will have the option to de-install that feature once it is installed? Or a way to remove the partial installation?
Apple doesn't necessarily release its updates for $130 a pop. Snow Leopard was released as a $29 upgrade.
"Your comment is a perfect example of being off-topic;"
And your comment is a perfect example of being too exhausting to read. I'm sure you had a good point, but I saw that huge block of unbroken text and thought, "no thanks".
Yes, I'm being pedantic, but the "enter" key can be a trusted ally and an aid to communication. Use it wisely.
I have to say that WGA was really the final straw for me with Microsoft. I, being a paying customer, felt from day 1 of WGA that it was an absolute kick in the teeth from Microsoft. It is what turned me from a Microsoft fan over to using my Mac Mini. It was a sad thing for me but I'm much happier now and will never come back. Thanks for turning me away Microsoft!
Whoever refuses to join the class action lawsuit has illegal copies on Windows!
That's actually the point of a class action suit. The idea is that the damages per case would be far too low for the average person to afford/bother with suing. This isn't a terrible thing, IMO.
What bothers me is when it isn't a nominal cash award for damages but is instead a $50 coupon off the newest $500 (just to pull numbers from nowhere) product by the same darn company. Those settlements really tick me off.
http://ars.userfriendly.org/cartoons/?id=20070313
The World Canadian Bureau?
Jesus Tits just fix XP . Sell licenses to who ever needs them for "pre IE8 applications" and keep it alive for IE7 /6 or give us a tool to remove without de-stabilizing our systems. For example pro audio people with working hardware which is train wrecked by Win 7.
We all already know we have to keep our win systems behind a hardware firewall now.
You won't be getting those discount coupons for MS products after all.
As one of the named litigants in this case, it was never about the money, it was more about setting the precident that software companies do not have a right to steal processor cycles from users.. Doesnt matter how many or how few, Microsoft co-opted hundreds of thousands of us to run checks for them to track down illegal software without our consent..
Now obviously, I have legal copies of XP and I dont like what Microsoft was doing, so one way to change their attitude was to sue. It could never have been about the money, because awards were capped by the EULA to $5, so even the people representing the class wouldn't have made a red cent (The lawyer would have.. but to be fair I put in maybe 100 hours, he put in 1000s and got nothing for it)
As one of the class reps, do please know that I would never have allowed the "voucher" crap that we all see.. I would have protested strongly.. I'd have much rather see the total award given to the EFF where it could do some good preventing these actions in the future.
Copyright infringement is not stealing
The geek trots out this argument at every opportunity.
The problem is that copyright infringement was denounced as piracy and theft while the Black Flag still flew over the Carribean.
The geek lost the battle over words 250 years ago.
No. I was so excited about TWAT that I asked my neighbour about it, and she assures me she can get me in next week. Apparently something is wrong with her hardware right now. I'm so excited that I don't even care that she is ugly, as long as she helps me get into TWAT. (I was surprised that she told me to make sure my joystick is in good working order, but then I realized she has been having those hardware problems)
Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
The advantages of donating to both sides in every election are obvious now.
Professional Politicians are not the solution, they ARE the problem.
"Ahhh....I know I shouldn't slap the fanboy, but I'm bored people, and therefor can't help it." - by hairyfeet (841228) on Thursday January 21, @07:58PM (#30854896)
Hairyfeet, You had to "eat your words" numerous times in the exchanges in these very posts which everyone will now see, verbatim, by just going to them here:
----
("Exhibit A", where I merely extolled both SPEED and SECURITY issues in FAVOR of Opera, vs. FireFox):
http://tech.slashdot.org/comments.pl?sid=1519698&cid=30852888
("Exhibit B",where I first caught you in mistakes, regarding SPEED and SECURITY issues in FAVOR of Opera, vs. FireFox):
http://tech.slashdot.org/comments.pl?sid=1519698&cid=30856394
("Exhibit C", where I further caught you in mistakes, regarding SPEED and SECURITY issues in FAVOR of Opera, vs. FireFox):
http://tech.slashdot.org/comments.pl?sid=1519698&cid=30856658
----
(Big mistake(s) on your part, starting up hassles with others by your intentionally trolling!)
ANYONE IS FREE TO READ THE ABOVE, WHERE "HAIRYFEET" HERE FIRST ADMITTEDLY TROLLED MYSELF & GOT HIS ASS HANDED TO HIM, WITH EASE, & LMAO - DUE TO HIS OWN MISTAKES & RANTS!
(Hilarious!)
Whereas, by way of comparison (when I tried to warn he to leave me be no less, initially)?
I stated nothing but verifiable facts in the 1st URL, & subsequently supporting ones regarding BOTH Opera, FireFox (& addons for them).
APK
P.S.=> The result? "HAIRYFEET" ran, like the TYPICAL /. TROLL (or, any other elsewhere) when confronted with facts, vs. his fictions and outrageous technical errors...
However, before he ran (in "typical troll fashion" no less)? He lastly used the OLDEST "troll trick" in the book: Downrating ALL of my posts as "offtopic" & "troll" etc. / et al (Where my replies actually WERE on-topic unlike his largely stupid & erroneous replies no less)...
No, I think from now on here? Well - Everyone ought to see EXACTLY how you & those LIKE YOU, operate around here & elsewhere online as well (and how you UTTERLY "screwed-up" for it on your part also, all per the above examples thereof on YOUR part)... apk
"Ahhh....I know I shouldn't slap the fanboy, but I'm bored people, and therefor can't help it." - by hairyfeet (841228) on Thursday January 21, @07:58PM (#30854896)
Hairyfeet, You had to "eat your words" numerous times in the exchanges in these very posts which everyone will now see, verbatim, by just going to them here:
----
("Exhibit A", where I merely extolled both SPEED and SECURITY issues in FAVOR of Opera, vs. FireFox):
http://tech.slashdot.org/comments.pl?sid=1519698&cid=30852888
("Exhibit B" ,where I first caught you in mistakes, regarding SPEED and SECURITY issues in FAVOR of Opera, vs. FireFox):
http://tech.slashdot.org/comments.pl?sid=1519698&cid=30856394
("Exhibit C", where I further caught you in mistakes, regarding SPEED and SECURITY issues in FAVOR of Opera, vs. FireFox):
http://tech.slashdot.org/comments.pl?sid=1519698&cid=30856658
----
(Big mistake(s) on your part, starting up hassles with others by your intentionally trolling!)
ANYONE IS FREE TO READ THE ABOVE, WHERE "HAIRYFEET" HERE FIRST ADMITTEDLY TROLLED MYSELF & GOT HIS ASS HANDED TO HIM, WITH EASE, & LMAO - DUE TO HIS OWN MISTAKES & RANTS!
(Hilarious!)
Whereas, by way of comparison (when I tried to warn he to leave me be no less, initially)?
I stated nothing but verifiable facts in the 1st URL, & subsequently supporting ones regarding BOTH Opera, FireFox (& addons for them).
APK
P.S.=> The result? "HAIRYFEET" ran, like the TYPICAL /. TROLL (or, any other elsewhere) when confronted with facts, vs. his fictions and outrageous technical errors...
However, before he ran (in "typical troll fashion" no less)? He lastly used the OLDEST "troll trick" in the book: Downrating ALL of my posts as "offtopic" & "troll" etc. / et al (Where my replies actually WERE on-topic unlike his largely stupid & erroneous replies no less)...
No, I think from now on here? Well - Everyone ought to see EXACTLY how you & those LIKE YOU, operate around here & elsewhere online as well (and how you UTTERLY "screwed-up" for it on your part also, all per the above examples thereof on YOUR part)... apk
A class action is a way of protection a company by consolidating a lot of damaged parties. Seek out some law students who are friendly and can show what you need to file to start up a lawsuit for yourself. Do this 1 million times.
Palin?
I'd go on a Vegan diet but the delivery time from Vega is too long. --brownkitty
I never planned on using the corporate justice system anyway.I used the consumer justice system... I pirated some of their software and then switched to Linux.
College-Pages.com - Online Colleges, Degrees, and Programs
No it isn't. I can recall a time when Microsoft was proud that MS-DOS was he most copied program in the world (at least they claimed so). All the other software companies that made easy-to-copy software became big, often with really lousy software: Lotus (Multiplan was by far friendlier and better), AutoCAD (present versions still suck compared to CADAM in the '80s), WordPerfect, etc.
Nae king! Nae laird! Nae yurrupiean pressedent! We willna be fooled again!
P.S.=> The result? "HAIRYFEET" ran, like the TYPICAL /. TROLL (or, any other elsewhere) when confronted with facts, vs. his fictions and outrageous technical errors...
If you don't get any replies, perhaps the problem is you, not them? Ever thought of that ? You should learn about how to write posts such that people feel like they are having a conversation rather than being subjected to a brain dump of incoherent sentences.
Actually I think it is kinda cute. I have my own little pet troll! Here trollie, here boy! While I admit is isn't a well trained troll, and tends to drool and piddle on itself, on the plus side it doesn't speak in "LOL WindblowZ" speek like the Twitter troll I had a few years back. all in all, I prefer the drooling and piddling on itself.
ACs don't waste your time replying, your posts are never seen by me.
You'll find the same advantages in day to day use, as you observe as a media centre: efficiency, reliability, freedom from malware, nagware, and crapware, freedom from "progressive Windows dementia", and availability of many useful packages.
Don't take my word for it, try it. I use Linux for my day to day work and it "just works." Take the Windows brakes off and you'll immediately get twice as much value from your PC.
you had me at #!
http://tech.slashdot.org/comments.pl?sid=1519698&cid=30856394
http://tech.slashdot.org/comments.pl?sid=1519698&cid=30856658
In those 2 links above, hairyfeet? You had your ass absolutely handed to you for your trolling him is all. So much for ITT, eh?
http://tech.slashdot.org/comments.pl?sid=1519698&cid=30856394
http://tech.slashdot.org/comments.pl?sid=1519698&cid=30856658
Hairyfeet, face it, You had your ass absolutely handed to you for your trolling him is all. You say you want to teach PC tech stuff in your profile, but you sure got "schooled" above. So much for "ITT training" because apparently it's not worth squat, seeing as you got blown away, lmao.
http://tech.slashdot.org/comments.pl?sid=1519698&cid=30856394
http://tech.slashdot.org/comments.pl?sid=1519698&cid=30856658
Hairyfeet, face it, You had your ass absolutely handed to you for your trolling him is all. You say you want to teach PC tech stuff in your profile, but you sure got "schooled" above. So much for "ITT training" because apparently it's not worth squat, seeing as you got blown away, lmao.
http://tech.slashdot.org/comments.pl?sid=1519698&cid=30856394
http://tech.slashdot.org/comments.pl?sid=1519698&cid=30856658
Hairyfeet, look. Just face it. You had your ass absolutely handed to you for your trolling your betters, is all. You say you want to teach PC tech stuff in your profile, but you sure got "schooled" above in both urls above. So much for "ITT training" because apparently it's not worth squat, seeing as you got blown away! rotflmao.
http://tech.slashdot.org/comments.pl?sid=1519698&cid=30856394
http://tech.slashdot.org/comments.pl?sid=1519698&cid=30856658
Folks, we'd like to introduce you to "Professor Hairyfeet" graduate of "Bottom of the barrell university" @ ITT! That's where they teach you to troll others as well as how to lose very, very badly on technical topics, as he demonstrates above. So, when "the POWER of... 'ITT Training'" fails you, as it has the professor above? Well, there is always, "bottom-of-the-barrell U" for you too, as it's where ALL of the proudest loser trolls like the professor above graduated from (including getting their fake sheepskin from a gumball machine, lol). Professor Hairyfeet, You say you want to teach PC tech stuff in your profile here, but you sure got "schooled" above in both urls above there hairyfeet, lmao. Yes, folks - That's the KIND OF EXCELLENT RESULTS you'll be guaranteed to get, when you go to "Bottom-of-the-Barrell U" @ ITT. Guaranteed, or your money back (all 5 cents of it, lmao).
http://tech.slashdot.org/comments.pl?sid=1519698&cid=30856394
http://tech.slashdot.org/comments.pl?sid=1519698&cid=30856658
Folks, we'd like to introduce you to "Professor Hairyfeet" graduate of "Bottom of the barrell university" @ ITT! That's where they teach you to troll others as well as how to lose very, very badly on technical topics, as he demonstrates above. So, when "the POWER of... 'ITT Training'" fails you, as it has the professor above? Well, there is always, "bottom-of-the-barrell U" for you too, as it's where ALL of the proudest loser trolls like the professor above graduated from (including getting their fake sheepskin from a gumball machine, lol). Professor Hairyfeet, You say you want to teach PC tech stuff in your profile here, but you sure got "schooled" above in both urls above there hairyfeet, lmao. Yes, folks - That's the KIND OF EXCELLENT RESULTS you'll be guaranteed to get, when you go to "Bottom-of-the-Barrell U" @ ITT. Guaranteed, or your money back (all 5 cents of it, lmao).
I wan B jus lyk U an Puffesser HairyFeet an grajooAte Fum ITT twaining too
I won go thwu "The POWER of... 'ITT Training'" jes soes ah kin be jes laik Yew, PWUFESSUH HAIWYFEIT. so kin ah be, PWEEZ? YO MAH HEIRO PWUFFESSUH! PWUFESSUH HARRYFEIT I WAN B LAIK U 2.
(ROTFLMAO)
I won go thwu "The POWER of... 'ITT Training'" jes soes ah kin be jes laik Yew, PWUFESSUH HAIWYPHEAT. so kin ah be, PWEEZ? YO MAH HEIRO PWUFFESSUH! DAS ONWY CUZ PWUFESSUH HARRYPHEAT I WAN B JES LAIK U 2.
(ROTFLMAO)
Why are you so fucking stupid?
I remember clearly that semiconductor vendors as an example, were happy to provide technical information that helped designers understand the benefits of their products. Piles of handbooks were freely available from a variety of sources, often the sales reps directly, or the vendors support divisions.
Going back as far as CP/M-80, the operating system shipped with developer tools and programming documentation. Until Chuck Peddle stopped shipping the language tools and started charging separately for them. Vendors would put on free seminars to convince developers to support their platforms, and provide free technical support to serious developers needing help to complete products that would enhance the overall market impact of a vendors products.
I remember being shocked and disappointed when Microsoft started charging serious money to be in their developer program. They also priced the development tools rather high, and began an onslaught of versions that never ended, I remember at least half a dozen so called 6-month learning curves alleged to provide developers with the understandings they would need to succeed with their applications. With one hand they charged a lot for assembly and C support, while they talked out of the other side of their mouths about how Visual Basic was all anyone really needed to write applications for Windows. They said you didn't even need to know how to program :-)
Then Novell followed suit and priced up their developer program. Suddenly you had to be a member of several developer organizations at once to get critical mass on information required to create a non-trivial application, and it would not be competitive if you didn't use undocumented APIs like Microsoft did.
Because of Microsoft's marketing style, the other development software vendors fell by the wayside one by one. Microsoft licensed their headers and framework to other compiler vendors, but never the latest version. Eventually the only viable compilers came directly from Microsoft at any cost. And you couldn't write software just with the information contained in the massive pile of refuse called the MSDN Library. It was full of deprecated (or should I say defecated toolkits that were so downlevel that the sample code rarely compiled without massive changes. You also had to buy piles of books, many of which costs more than $70 each. That wasn't even enough, if you were serious, you probably had to attend specific training from Microsoft or approved trainers.
Because of the proliferation of operating system versions, API version, and general DLL Hell, it was rarely possible for small developers to test their products economically on all variations of the target platforms and versions. And Microsoft kept the target moving at all times, complete with misdirections and promises of features and future support that vanished quietly from time to time.
We waited years for a certain version of Visual Studio to come out of Beta, and instead of actually releasing a stable product, they issued what I called the "forgiveness license" that said it was OK after all to ship products using what were previously beta components. The windows of opportunity shrunk to nothing and began overlapping in such a way that linear development was no longer sufficient and cascaded teams were necessary to stay viable in the face of streams of conflicting information and toolkits from Microsoft.
Also if you could not afford the $25,000 support contract, they would just laugh in your face if you asked them a technical question only they could answer in order to complete a product that only operated under their operating system.
So it has really nothing to do with the fact that Microsoft forbids the vendors from making dual boot systems and that Windows must be pre-installed to make a computer's price competitive?
Most developers target Windows because it is the only thing they and their users know. And Microsoft wants to keep it that way.
Nae king! Nae laird! Nae yurrupiean pressedent! We willna be fooled again!
Same here. I vowed never to install XP because of Windows Genuine Annoyance, and moved from 98SE to Xubuntu. Never regretted it even one day.
Nae king! Nae laird! Nae yurrupiean pressedent! We willna be fooled again!
That's exactly right. I have personal experience that Microsoft allowed, and even encouraged, piracy.
Mr. Gates' grammar is perfectly valid. There is no hard and fast rule not to put prepositions at the end of the sentence. The aesthetics may displease you, but I'd rather you not force yours on your students, or us.