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Microsoft Wins Windows XP WGA Lawsuit

Rish writes "A lawsuit that accused Microsoft of misleading consumers to download and install an update for Windows Genuine Advantage (WGA) under the guise that it was critical security update has been tossed out. Last month, a federal judge refused to certify the lawsuit as a class action, which would have meant anyone who owned a Windows XP PC in mid-2006 could join the case without having to hire an attorney, and on Friday the same judge dismissed the case completely."

11 of 307 comments (clear)

  1. No good by Anonymous Coward · · Score: 5, Insightful

    I work in computer repair, and the worst part of WGA is that after doing a repair, sometimes a customer will get that update and the customer will get confused and click cancel or that they decline. This automatically tells them that their software is not genuine.

    Microsoft knows how to carefully word their alert to make sure they understand that it could be caused by counterfeit software, but does not even suggest that this alert could be because they just haven't yet validated, or they need to activate.

    I used to get angry calls because customers thought I was providing them stolen software. So then I decided I'd make their copies of windows genuine for my customers before they leave. But that's when the pirates come out of the wood work! What do you do when a copy won't validate? Well now you've got a customer who thinks you've stolen their software right off the bat due to the non-genuine alerts you just caused.

    It's lose/lose for the pc repair industry- and it's win/win. How many frightened people have gone to staples and picked up a new copy to avoid getting in legal trouble? I know a few...

    1. Re:No good by Anonymous Coward · · Score: 5, Informative

      OP here, it's invalid product keys that won't validate. Believe it or not, those VLKs do exist and are used by hobbyist pc people to build their moms, uncles, and other relatives computers. The moms, uncles and relatives blame us, despite the fact that it was their hobbyist relative that really committed the crime.

      And, yes, calling microsoft does give you an option there. Buy a genuine copy for a reduced price.

      Anybody in the repair industry worth their salt knows there's more than one way to be invalidated by WGA.

    2. Re:No good by ksemlerK · · Score: 5, Informative

      Or crack it.

      Import this key at every system restart. (saved as c:\windows\system32\reg.key, it would be regedit /a reg.key located in HKLM\Software\Microsoft\WindowsNT\CurrentVersion\Run)

      Windows Registry Editor Version 5.00

      [HKEY_LOCAL_MACHINE\SOFTWARE\Microsoft\Windows NT\CurrentVersion\WPAEvents]
      "OOBETimer"=hex:ff,d5,71,d6,8b,6a,8d,6f,d5,33,93,fd
      "LastWPAEventLogged"=hex:d5,07,05,00,06,00,07,00,0f,00,38,00,24,00,fd,02

      [HKEY_LOCAL_MACHINE\SOFTWARE\Microsoft\Windows NT\CurrentVersion]
      "CurrentBuild"="1.511.1 () (Obsolete data - do not use)"
      "InstallDate"=dword:427cdd95 "ProductId"="69831-640-1780577-45389" "DigitalProductId"=hex:a4,00,00,00,03,00,00,00,36,39,38,33,31,2d,36,34,30,2d,\

      31,37,38,30,35,37,37,2d,34,35,33,38,39,00,5a,00,00,00,41,32,32,2d,30,30,30,\

      30,31,00,00,00,00,00,00,00,00,0d,04,89,b2,15,1b,c4,ee,62,4f,e6,64,6f,01,00,\

      00,00,00,00,27,ed,85,43,a2,20,01,00,00,00,00,00,00,00,00,00,00,00,00,00,00,\

      00,00,00,00,00,00,00,00,00,00,00,31,34,35,30,34,00,00,00,00,00,00,00,ce,0e,\

      00,00,12,42,15,a0,00,08,00,00,87,01,00,00,00,00,00,00,00,00,00,00,00,00,00,\

      00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,94,a2,b3,ac
      "LicenseInfo"=hex:9e,bf,09,d0,3a,76,a5,27,bb,f2,da,88,58,ce,58,e9,05,6b,0b,82,\

      c3,74,ab,42,0d,fb,ee,c3,ea,57,d0,9d,67,a5,3d,6e,42,0d,60,c0,1a,70,24,46,16,\ 0a,0a,ce,0d,b8,27,4a,46,53,f3,17


      + Anti WPA 3.46

      = Away you go

    3. Re:No good by Hatta · · Score: 5, Interesting

      That does not always work. I replaced the motherboard on my GF's PC and reinstalled Windows. WGA would not activate. She spent about an hour on the phone trying to get a human at Microsoft. When she finally did, she was told that there was nothing they could do.

      This was a retail copy of XP that she paid over $100 for. Microsoft has her $100, she has no OS. Those of you who like to compare piracy to theft, this is what real theft looks like.

      I did put her on Ubuntu for quite a while, until she decided that she couldn't live without Freehand MX (which has some problems under wine). So we pirated XP. Seems fair to me.

      --
      Give me Classic Slashdot or give me death!
    4. Re:No good by greed · · Score: 5, Interesting

      Two things. On your first paragraph, all it takes is someone unfamiliar with the terminology to say something that doesn't mean what she thinks it means and you're in the wrong part of the call script. Given how confused the average end-user gets when faced with terms like CPU, PC, memory and so on, this is fairly easy to happen. Say Microsoft asks if the CPU was replaced, and the caller thinks that means the whole case thing, which hasn't been changed. (There's plenty of people who call the whole box the CPU.) Immediately you're going the wrong way, because the activation codes say "new CPU" but the customer says "no, same CPU".

      On the second, a DVD player is a physical product. I have absolutely no qualms about replacing DVD DISCS that have failed with copies I made from friend's originals or rentals. About 2% of my collection has failed in this manner, more 20 discs, including the very first James Bond DVD releases. (I couldn't find a trace of the UPCs on imdb.com or amazon.ca; it's like the studios disavowed those particular pressings.)

      So making a pirated copy of Windows when you have the retail box, store receipt and original disc? What's wrong with that? You've met the terms of the license agreement, but a technical fault is preventing you from using the software. Overcoming that fault does not make you a software pirate.

      I have done similar things with commercial software. The company took our money for a particular configuration, but their license manager won't allow that configuration to be enabled. So I decompiled the code and removed the license manager. We pay our annual maintenance and are well within the legal terms of our support contract, it's just a defective technical limitation that's in the way.

    5. Re:No good by bzipitidoo · · Score: 5, Insightful

      if you have the guts to pick up the phone

      But why should anyone have to do that? The software failed not because of an honest mistake or bug but because they deliberately broke it. Defective by design. Software is quite buggy and unreliable enough as is without anyone purposely making it worse! Stop apologizing for MS.

      Even fairly sophisticated users might not know the finer points of the difference between an OEM license and a retail license. And why should anyone have to know or care about that? Wholly artificial distinctions created by MS that does absolutely nothing for their customers and tramples upon the First Sale doctrine.

      Even if you believe that they're allowed to add DRM to their new products, should they have the right to change old products retroactively? But never mind rights. Is it smart? No!

      And why did they try to sneak it past everyone, lying about what it really was? It seems they anticipated that their customers would take a dim view. So instead of being sensible and not doing it, they compounded the problem by trying a stupid deception. Anyone in MS who didn't understand they'd be found out wasn't using their brains-- if indeed they have any. And also the very name-- "Genuine Advantage"-- was, as everyone quickly learned, an offensively steaming load of marketspeak that insulted our intelligence. It is sad how often corporations try this sort of idiocy. And most people are far too forgiving of it. I at least don't want to use products that were screwed up by people who have demonstrated their incompetence in such a wanton fashion. I don't trust Windows. Bad enough wondering if this incompetence means their honest bugs will be worse than usual. But to also have to wonder what more the managers of this software might arrogate is beyond the pale. What will they try next, have the Malicious Software Removal Tool go rather beyond its stated purpose and also check for piracy of other MS products such as Office? Maybe even disable the software? Check your music collection on behalf of the RIAA? Does Windows also purposely sabotage competitors' offerings, making it slower and buggier? Who do they think their customers are?!

      It's too bad MS was let off the hook. The court didn't do them any favors. They'd be a better company if they got roasted for this. Instead, MS is still pushing the DRM, and still trying stupid cheap marketing to try to smooth things over with wholly cosmetic changes. They've renamed it to WAT in an attempt to move on from the bad name WGA deservedly earned. WAT is the same old thing, and it shows that they still don't get it.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
  2. Re:They may have won in the courts.... by nedlohs · · Score: 5, Funny

    I has a similar situation.

    The patriot act was the final straw for me and what ultimately forced my hand. I have migrated to North Korea and will never look back.

  3. Re:They may have won in the courts.... by L4t3r4lu5 · · Score: 5, Funny

    Their lockdown comes with a prettier UI and a bigger price tag, so you know it's a quality shafting you're getting!

    --
    Finally had enough. Come see us over at https://soylentnews.org/
  4. Sloppy reporting by Ars by xymog · · Score: 5, Informative

    Ars Technica left out a whole bunch of information. The plaintiffs didn't agree to dismissal because the suit was bogus. Plaintiff's' attorneys had a poorly-drafted complaint to start with, spent four years adding and dropping plaintiffs trying to find ones that had actually been "injured", and four years amending the complaint with ever-more-vague claims against Microsoft. This is all part of the public record and anyone can take a look at it. Moral: If you're going to be all mad about something, do your homework first before charging off and filing a lawsuit.

  5. Re:They may have won in the courts.... by trudyscousin · · Score: 5, Informative

    If you were talking about iPhone OS, you might have a rational argument, and would have earned your moderation.

    But I thought we were talking about an operating system for a general-purpose computer. Contrasting Mac OS X with any post- W2K Microsoft OS:

    - I've never had to enter an 'activation' key to install it.
    - I've never had to worry if it's going to turn on me and accuse me of using a 'counterfeit' version of it.
    - I've never had to call Apple and ask, "Pretty please, is it okay to have my computer back?"

    I think you're a little bit confused as to "Super-Lockdown-Incorporated" really is.

    --
    Those who can, do. Those who can't, write technology blogs.
  6. Re:They may have won in the courts.... by MisterSquid · · Score: 5, Informative

    You're missing the forest for the trees. Mac OS never asks for validation at any stage of installation. Just put your disc in, install, reboot. That's it. Change your hardware, no need to validate. Ever. Starting with Mac OS v.10.5, upgrade discs no longer checked to see if you had an older version already installed.

    Lockdown!=Lockout

    --
    blog