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MS Expands Anti-Piracy Program, Reissues Patch

Microsoft today began expanding its anti-piracy program by quietly pushing out a software update that in many cases automatically scans Windows computers and reports on whether they are powered by unlicensed software.

The new pilot program is a fairly broad expansion of Microsoft's Windows Genuine Advantage program, under which the anti-piracy check was required only for users who wish to download security updates or other free programs from Microsoft's site. Under WGA, users who chose to receive fixes via Automatic Updates were not prompted to install and run the anti-piracy software.

Starting today, however, Windows XP users in the United States who have set up automatic security updates will receive the anti-piracy tool. After installation and reboot, they may find their computers popping up an alert that reads: "This copy of Windows is not genuine; you may be a victim of software counterfeiting." Microsoft also is pushing the new tool out to auto-update users in Britain, Malaysia, Australia and New Zealand.

I hadn't heard about this program until today, when my laptop -- which of course is running a legitimate copy of XP Home Edition -- received this update today and prompted me to restart. When I rebooted the machine and went to "Add Remove/Programs," the hyperlinked Microsoft Knowledge Base article that was supposed to describe more about this patch was not available, so I sent a few questions over to Microsoft. Below are their answers:

How does Microsoft plan to disseminate this? Through automatic updates?:

"Yes. As part of the pilot program, some customers in the U.S. U.K., Malaysia, Australia and New Zealand will be invited to receive WGA Notifications through Automatic Updates (AU) to learn whether or not they are running genuine Windows. Customers who opt in to the pilot and learn they are using non-genuine versions of Windows will receive a message during logon that their copy of Windows appears to be non-genuine and will be directed to the WGA Web site to learn more. If they choose not to obtain a copy of genuine Windows at that time, the customer will receive reminders until they are running genuine Windows. While the pilot is presently opt-in, as it expands later in the year, AU and WU customers may be required to participate. Users who have not validated their machines as genuine through WGA will not be able to download IE 7 and Windows Defender among other downloads and updates. However, they will not be denied critical security updates" (my emphasis added).

Will the Windows customer who uses auto-updates have the opportunity to decline this update and still install other updates?:

"The pilot is opt-in, so all participants are given a choice about whether or not they wish to participate. The opt-in is via a License Terms dialog, and users can chose to accept or decline. Only users who accept will receive the software. Once installed, participants will have the option to suppress notifications for some length of time. Customers [already] running genuine Windows Advantage will be unaffected by WGA notifications. Users running non-genuine Windows will see the notifications at boot time, login time, and periodically to via a system tray bubble notification. Messages are displayed until the system is running genuine Windows. Users can choose to suppress the notifier. The notifier will remind such users that they are not running genuine Windows and direct them to the WGA failure page, where they can learn more about the benefits of genuine software and take advantage of the Microsoft genuine Windows offers designed to help victims of counterfeit software. All users are able to receive High Priority Security & reliability updates regardless of their validation status. Users will not have the option of uninstalling WGA Notifications" (again, my emphasis).

What has been the rate of acceptance among Windows users to the Genuine Advantage program so far? How many potentially pirated versions of Windows has Microsoft received reports of thus far through the WGA program and installed tools?

"To date, we have already validated more than 150 million systems worldwide with WGA. As of March 2006, the WGA notifications program has been offered to more than 13 million users and we estimate an additional 13 million customers will receive the program with the present expansion. The ultimate goal of WGA is to differentiate genuine Windows software from non-genuine software. WGA also helps Microsoft learn more about counterfeit resellers and their illegal practices. We don't have specific numbers to share."

Microsoft wouldn't acknowledge it, but the folks over at an unofficial Microsoft watch site called Windows Observer have posted a bunch of PowerPoint slides that look like they were designed for dissemination to Microsoft OEM manufacturers. If you scroll through those slides, you'll see that yes, Microsoft has had 150 million validation attempts so far, approximately 35 million of which failed. If true, that would suggest that slightly more than one in every five Windows XP systems is powered by a pirated version of the operating system. Yikes.

What exactly happens in the event that the tool finds a PC that is suspected of running a counterfeit version of Windows (what info, if any, is then shared with Redmond)?:

"WGA Notifications is for Windows XP users. Our client software does not collect any information that can be used to identify or contact a user. We use the same process used by many popular search engines and Web sites to determine where their users are from -- a form of IP lookup. This IP lookup process does not include any information that is used to identify you or contact you, and only gives a rough geographic representation of where users are located."

This slide over at WindowsObserver would appear to indicate Microsoft knows pretty well where all the infringers are in the US.

Microsoft also said it is planning to expand the anti-piracy pilot to Microsoft Office products. Initially this will affect users of various foreign language versions of Office, including Brazilian Portuguese, Czech, Greek, Korean, Simplified Chinese, Russian and Spanish.

Microsoft has every right to defend its intellectual property rights, and I don't for a single second begrudge the company for trying to quash software piracy, which is a very costly and global problem. But I'm a little concerned that this action could cause a number of Windows users to turn off automatic updates completely, and as such leave their systems unpatched and sitting ducks for would-be attackers who might use those machines for criminal purposes.

For my part, I turned off Automatic Updates several months ago, mainly because I got sick of telling Windows not to install its "malicious software removal tool," (even though I checked the box next to "don't ask again" or something to that effect, Windows asks permission to reinstall the program every time other updates are available).

Microsoft also released today an update to fix a Windows security patch (MS06-015) it issued a week ago that caused problems for some users of Hewlett-Packard hardware and software, as well as some Windows users who have certain Nvidia graphics cards installed.

Microsoft said that if you are configured to receive automatic updates, you don't need to do anything: "It will detect if you have the problem and deliver the update to you. If you have not yet installed MS06-015, the revised version will be offered to you." Automatic update users will also get a complimentary copy of the new Windows anti-piracy tool as well.

By Brian Krebs |  April 25, 2006; 4:03 PM ET New Patches
Previous: MS Office Flaws Ideal Tools for Targeted Attacks | Next: Two New IE Flaws Found

Comments

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I have a copy of XP, which my retailer verifies as genuine. My COA and CD pass the Microsoft website visual clues test for genuine XP. Nevertheless, it fails the WGA.

I filed a trouble report with Microsoft and the representative e-mailed various inquires to which I responded with the information. The last request was for the Product Key to verify it as valid. At that point Microsoft stop responding which was 9 weeks ago. I now send an inquiry every two weeks to check status.

A solution may be on the horizon as my retailer has stepped in to deal directly with Microsoft. I hope he is successful.

At this point I don't trust the WGA program as being accurate.

Posted by: Don | April 25, 2006 5:40 PM

Neither the computer you own nor the software you run on it is the property of Microsoft. The program amounts to unreasonable search. Is someone suing MS for violation of Constitutional rights?

Posted by: Wanda | April 25, 2006 5:42 PM

You think you still have Constitutional rights?

Posted by: Anonymous | April 25, 2006 5:48 PM

The Microsoft software you run on the computer you own is the property of Microsoft. You do not own it. You license it. And Adobe Acrobat Reader is the property of Adobe. And iTunes and QuickTime are the property of Apple. How different is that from books, songs, or movies that you buy?

Posted by: Greg Stigers | April 25, 2006 6:00 PM

I had many problems recently due to the XP update you refer to in your article. It was fix just few days ago. Lot of frustration with my two computers for about two weeks. I just wonder how many millions of users got the same experience. Anyhow it is all behind now, until next time...

Posted by: Bear | April 25, 2006 6:07 PM

Actually, the software you run (if it is made by MS) is owned by Microsoft. You only own a license to use it.

Posted by: Anonymous | April 25, 2006 6:11 PM

As usual, the usual suspects will be whining about constitutional rights or the violation therof. Fine, that is your right. But while you are at it, might you also consider offering an alternative solution to combat the crime of software piracy?

Posted by: Pappy | April 25, 2006 6:17 PM

Just like Genuine it Will probally be hacked later today!! LONG LIVE THE FREE NET

Posted by: Daniel | April 25, 2006 6:19 PM

Microsoft has used its monopoly to enforce its rules. Unfortunately, we don't have any choice to make rather to follow its rules until there is one that can compete Microsoft for OS and all its software. Until then, we still have to follow another set of rules. What I hope for is microsoft can lower prices on its product to a level that pivary on its products is more expensive. But this is unrealistic, since more and more Bill Gates is richer.

Posted by: Harris | April 25, 2006 6:25 PM

The way Microsoft is going out of their way to tell us that there isn't any info that could be used to personally identify owners of non-genuine software, tells me that they know they're know they're flirting along the edge of violating individual consumer privacy laws

Posted by: BigD | April 25, 2006 6:28 PM

Excellent warning. Thanks! And Don, your account of MS's intransigence over your COA is disturbing.

Last year, when my computer conked out, the repair shop I visited gave me a hacked copy of Office 2002 for my computer. (Home XP and Works Suite 2003 were already pre-installed.) After loading Office and downloading the updates from MS, I began noticing decreasing functionality of my MS Word--it was completely unusable as an editor for Outlook or IE.

I mainly wanted Office for the Outlook mail client to replace OE, for its much better file system, and its WORD editor capability, so once I found that WORD was unusable, I uninstalled the hacked Office program.

With Office uninstalled, I found I had lost WORD altogether, so I reinstalled MS Works Suite 2003, only to discover that MS would not accept my PID for this program. I also found that much of the functionality of Works Suite was now impaired. I was only able to restore all functions of Works Suite when I was forced to reinstall the OS and all programs following a hard drive failure.

But, my WORD 2002 program is still tagged "Office XP", and I can't download updates from the MS site without being confronted with their "Genuine Advantage" garbage, which I know will hose up my programs once again.

It's disturbing to learn that MS will not rectify this PID/COA issue with users who have taken the time to contact them for resolution.

Posted by: Cliff | April 25, 2006 6:29 PM

If you want to talk about piracy, look at the underlying motivation behind it: Going out and dropping $200 for an OEM copy of Windows that's worth maybe $50, is kinda crazy. Yeah, I know all about the cost of development, yada, yada, but I do believe that the day music CDs drop in price to $5, the music industry will start making more money as the demand for crappy, P2P file-shared songs decreases, due to more value for your money in just buying it for a lower price. Tell me that wouldn't work for the motion-picture and software industries.

Posted by: BigD | April 25, 2006 6:41 PM

Wait, what's the rationale for rejecting the Malicious Software Removal Tool? This is the first I've heard of it being undesirable...

Posted by: S. H. | April 25, 2006 6:43 PM

I don't see any Constitutional rights around here.

Posted by: Anonymous | April 25, 2006 6:46 PM

O.K. So if a hacker manages to get a backdoor (Trojan Horse) into your computer it is a crime. But, if it is done by the corprate overlords we have to roll over a take it where the sun never shines?

one reason I have not used pirated software is because I don't trust that the person that cracked the software hasn't planted a trojan in it. So, Why would I pay for software that I know has a trojan in it?

This hostillity towards consumers needs to stop. I have been forking over my hard earned dollars to microsoft for sub par products that cause me more stress than they are worth since Windows 3.1. But, I will not be bullied into submition. It is MY PC. I built it and the last time I checked PC stood for PERSONAL computer not "This computer that I bought or built so that microsoft or anyone else can disable it any time they do not like my computing habits".

Posted by: Microsoft R teh Lewse | April 25, 2006 6:47 PM

This is just another way of spying on us, disguised as a "legitimate" security need. For about a year now if your XP and Office programs were not scrutinized by the Bill for basically the same "legality" you could not update said software. So why do they need to rehash this yet again?

The average American of today is under far more (and far more sophisticated) scrutiny from all kinds of government agencies (and private companies) than the most recalcitrant dissident under the old East German Stasi.

The land of the free...indeed

Posted by: RG | April 25, 2006 6:47 PM

for the people wanting actual constituional rights start checking into Linux. there is a lot of different operating systems and you can have them for free. No it's not a trial period either. and for the people that don't wanna download, go to frozentech.com and find out what the hype is about.

Posted by: Linux user | April 25, 2006 6:48 PM

Your computer is owned by you, true. And as such, you have the right to put anything on it you feel inclined. Microsoft software, on the other hand, is NOT owned by you. Ownership of software is generally retained by it's author. You are issued a license that allows you to use that software in accordance with the license agreement. They have the right to update their software as often as they like. You don't, however, have to install that update on your system. But, that could lead to problems down the road. Maybe, maybe not.

Posted by: Robert | April 25, 2006 6:50 PM

"Neither the computer you own nor the software you run on it is the property of Microsoft. The program amounts to unreasonable search. Is someone suing MS for violation of Constitutional rights?"

Is it not the case that you do not 'own' the software but rather a license to use the software?

Subtle but important distinction.

Posted by: JJ | April 25, 2006 6:54 PM

>Neither the computer you own nor the >software you run on it is the property of >Microsoft.

That is true only in Louisiana where we have made null and void all shrink wrap licenses. In all other states its a lease that can be removed at any time. We need to push for a federal anti swrink wrap law that says when we buy a software package its ours.

Posted by: tm | April 25, 2006 6:55 PM

amen

Posted by: tj | April 25, 2006 6:57 PM

"Neither the computer you own nor the software you run on it is the property of Microsoft. The program amounts to unreasonable search. Is someone suing MS for violation of Constitutional rights?

Posted by: Wanda | April 25, 2006 05:42 PM"

Well, if you're not running any version of Microsoft Windows, you won't get this software. (Unless for some reason you download stuff from the internet compulsively.) I didn't see anywhere in the article that people running Debian had to download it. Or maybe you didn't understand the article.

Posted by: Brendan | April 25, 2006 7:01 PM

he who has the MOST green as the
MOST constitutional Rights!

Posted by: definition of constitutional rights | April 25, 2006 7:05 PM

he who has the MOST green
has the MOST constitutional Rights!

welcome to NEO-planet earth, border-less,
region-less & nation-less, only color
one see nowadays is GREEN

Posted by: definition of constitutional rights | April 25, 2006 7:07 PM

MS new plan effectively makes their updates potential malware. I will advise my clients to turn off automatic updates, and use non-MS security tools.

Posted by: Boomer | April 25, 2006 7:07 PM

only applies to government searches. Microsoft cannot unreasonably search your computer through Windows. If you disagree with Microsoft's anti-piracy practices, stop buying their products.

Posted by: The Constitution | April 25, 2006 7:07 PM

Even if they are sued, it won't make a difference in there business practices. The damages one might receive will be far outweighed by the benefits they receive by being able to target individuals who may or may not be guilty of pirating (ARGH Ye Matey!).

Posted by: Nathan | April 25, 2006 7:08 PM

Automatic Updates completely disabled Outlook Express on my system. I was provided with a 60 day trial of Office which I have never initiated and registered, but it decided it needed to do an Office Outlook update. They update this part of Outlook every single month, and so every month I have to specify that I don't want the update, and to not show me the update again. A new update comes out the next month, and Microsoft's great system again identifies my need for the update, for software I do not and have not ever used on my PC.

In contacting Microsoft, I learned they have no intention of fixing the problem, and the solution they recommend is that I update Office each month and then reconfigure Outlook Express!!!! Now if that isn't hilarious, I laugh because otherwise I'd be crying from frustration with Microsoft all the time.

Posted by: Mary | April 25, 2006 7:08 PM

Microsoft has every right to put whatever type of checks it needs to stop software pirating. As long as they are not pulling your personal information. Why are so many people trying to cite constitutional rights? Seems to me that the prople that are getting so pissed off by this, are most likely running pirated software on their systems in the first place. If you aren't and all of your software is legit, then who really cares if they check? If you have nothing to hide then it should be no problem.

Posted by: Steve | April 25, 2006 7:13 PM

Anything that tries to deal with piracy ends up costing the company who made/requested it more than the actual piracy itself? Furthermore, when you do have a legit copy of any software, it can now be accessed by Microsoft's Anti-Piracy update, which can then offer them hackable access to any Windows XP system even behind any security system.

Posted by: Otto | April 25, 2006 7:14 PM

Just another reason to switch to a free operating system with free software like Openoffice that does everything you are paying money for in windows.

Posted by: Don | April 25, 2006 7:14 PM


The constitutional "rights" violations would only apply to the government not a private company. Also all someone would have to do is bury any permisson related issues in a user agreement, and your one click away. Personaly I use MAC and my windoze pc is only for games.

Posted by: Vortex | April 25, 2006 7:20 PM

To Wanda; To clarify, Microsoft does indeed own the software. The money you paid was solely for the physical media and a *license* to use the software under their terms. It's how every piece of software is "sold" and in no way do you ever own the software like you do a car or dishwasher. It's spelled out in great detail in the EULAs/license agreements that you click on upon installation.

Posted by: Steve | April 25, 2006 7:22 PM

I think hackers will still create a workaround to making this effort by Microsoft ineffective. I think the better strategy to stop piracy is to make OS and other "essential" softeware very affordable. The increase in sales would more than compensate for the reduction in margins...

Posted by: Piracy | April 25, 2006 7:39 PM

It is opt in. Therefore it isn't a violation of rights.

Posted by: Cais | April 25, 2006 7:40 PM

Your copy of Windows actually is property of Microsoft. You just paid them for permission to use it. Furthermore, I'm sure you had to click through a EULA to run the WGA thing anyway, so you did in fact agree to let them search your computer. I'm no lawyer, but I doubt there's a case here. If you don't like it, switch to linux.

Posted by: PHK | April 25, 2006 7:45 PM

Think of it this way, OS's like Linux & FreeBSD are available for free and there are plenty of free applications that run on those OS's. Instead of stealing from the evil empire, contribute to the growing opensource user base.

Posted by: X | April 25, 2006 7:51 PM

..."nor the software you run on it is the property of Microsoft."

Read the license agreement. You do not own MS software, you have a license to use it.

It is the property of Microsoft.

Posted by: Mike | April 25, 2006 7:59 PM

should have stopped upgrading at Windows 2000. This is nuts.

Posted by: Geo. | April 25, 2006 8:03 PM

So... they are using some sort of IP lookup to determine this? So if you buy and install/register Win XP in New York, then move to California and install this wonderful piece of software, your PC fails the test? Maybe I just read the article incorrectly, but this seems ridiculous.

Either way, it's a Big Brother scheme and I don't trust it. At the very least, it is going to be one more process to steal cpu cycles and memory. At the worst, annoying pop-up boxes served to legit customers.

Just one more reason to ditch old Bill and get a real comp. Run Linux or OSX.

Posted by: Microshaft | April 25, 2006 8:04 PM

I think this the point where, for me, Microsoft has gone too far to protect their intellectual property. Microsoft is continually pushing users to toe its line and acquiesce to its will. Its not so much that they have WGA itself, but more the fact that they are forcing users to compute in a certain way. I wouldn't be surprised at all if Microsoft begins using these same sort of tactics to make Windows and Office into products that are more like subscriptions than software a user can continue to use. I think it is probably a risk for any person or business to rely on Microsoft software or services due to the fact that Microsoft may change them and force compliance.

Posted by: Anonymous | April 25, 2006 8:05 PM

Let us understand this a little bit. The new tool does not share information with Redmond but it does direct you to a site to receive "information". That and log ip addresses, browser information and so on :).

Posted by: Darku | April 25, 2006 8:21 PM

The Consitutional rights protecting us from "unreasonable search" refers to the government and individuals working on its behalf. Your issue with MS would be a civil issue, not a Constitutional one. Hope you have deep pockets.

Posted by: Anonymous | April 25, 2006 8:24 PM

Uh, you don't have a Constitutional right to break the law...to the person who posted anonymously.

Posted by: Anonymous | April 25, 2006 8:32 PM

The Constitution is a contract between the Government and its Citizens. It does not apply to interactions between people and companies. What does apply, is criminal and civil law.

As long as Microsoft offers you the license agreement, tells you about the tool you are installing, and gives you ability to opt out, it is completely legal.

However, if Microsoft in the future decides to quietly install the tool on your computer, then legality of its actions is in question.

Posted by: neolex | April 25, 2006 8:40 PM

re: "Neither the computer you own nor the software you run on it is the property of Microsoft. The program amounts to unreasonable search. Is someone suing MS for violation of Constitutional rights?"
The software DOES belong to MS you are allowed to use the software, but as stated in the EULA the software DOES NOT belong to you. (otherwise reverse engineering etc would be permissable). Its like renting a house and then claiming its your house... you can use it within certain agreed parameters; however the Agent/Owner of the house is certainly allowed to check that you are the rightful tenant from time to time, and inspecting the house (which, like windows, IS their property that you are using) and is not violation of your constitutional rights ;)

Posted by: Benny | April 25, 2006 8:48 PM

Here is what's scary: while it is small one, it is a step nontheless toward total piracy control from the side of software companies. The future version of Windows and other software, maybe even Vista, will be impossible to pirate due to reporting tools and copy protections, creating a completely piracy-free environment, and reporting back on any attempts at piracy.

The problem with this is that piracy is a very important market control mechanism and balances out monopolies. In case of the one as big as Microsoft it is simply necessary. Otherwise, Microsoft can raise prices as much as it wants too.

If there was no piracy, people would never be able to download songs online at 99cents a song. Although, I consider that too expensive as well.

Posted by: neolex | April 25, 2006 8:49 PM

microsoft wants to own the online world.

Posted by: zmanzero | April 25, 2006 9:01 PM

In response to the writer who said the hardware and software running on it is the property of MS, I say you better read your "license" agreement again. You don't own windows, ou have a license to use it, but it does belong to MS. With that said, I'll add that I don't believe it should be that way. I think software is out of control and will only get worse. To the people who insist that piracy costs MS money, I say prove it. I hear the claim that at least some would have bought copies I don't believe it. I don't defend piracy, but the arguent that it actually costs money is unproven and silly. Greed is never pretty whether it's a company or a pirate.

Posted by: Stan | April 25, 2006 9:14 PM

Use Linux and your Constitutional Rights won't be violated.

Posted by: Donald | April 25, 2006 9:26 PM

"Neither the computer you own nor the software you run on it is the property of Microsoft. The program amounts to unreasonable search."

You really need to read the EULA, the OS is the property of MS and you only have a license to run it. The EULA also grants MS the right to do almost anything they want to your computer.

Posted by: Outsider | April 25, 2006 9:32 PM

Several posters have stated that the software user does not "OWN" the software but only has a "LICENSE" to use the software. Specifically the attached EULAs are cited as the "proof".

Those who believe that are regretfully swallowing the corporate line hook and sinker. Just because a corporation says you are licensing a product does not mean that the supposed contract is enforceable. If a vendor can thrust an EULA at you at the point of sale, what is to stop you from giving the vendor your own version of an EULA at the point of sale? Who's "contract" is valid??? We have a logical absurdity. Unfortunately, the courts have not yet developed a body of decisions on whether EULA's are valid contracts. Please see Reader Voices: Contract or Coercion? at http://www.gripe2ed.com/scoop/story/2006/4/10/01340/1733

Posted by: Steve R. | April 25, 2006 9:41 PM

As far as rights are concerned, they are not recording the fact that you have an illegal copy, or at least that's my understanding. They're not gonna come after you (because they don't know who you are), but they are going to make sure that you can't get the new software updates from them because they won't run on your computer.

Posted by: George | April 25, 2006 9:52 PM

It shows a lot by how sneaky they are about it. Note how there was no info given about the nature of the patch as is usually done. In adition this willingness to install stuff in such ssneaky ways is troublesome to me. I shall be looking to their competitors for future solutions.

Posted by: D | April 25, 2006 10:00 PM

Bottom line is if you allow MS to update your system, and MS decides for whatever reason to intentionally degrade your system, its your tough luck. You'll just have to reinstall or go buy (excuse me, license) another copy.

Posted by: Boomer | April 25, 2006 10:02 PM

Microsoft should have been required to do this years ago. One of the ways that they monopolized the industry was to allow for easy bootlegging of their software. Why would people pay for the competition's product with cumbersome verification codes, when they could install MS products for free. The time has come to pay the piper.

Posted by: Dave | April 25, 2006 10:11 PM

LOL, constitutional rights are what politicians use to subdue the masses....

Posted by: Anonymous | April 25, 2006 10:28 PM

First of all, you don't own the software. You license every piece of software on your computer. Second, you have 100% free choice as to whether you want to use Microsoft software. There is Apple, Linux, and God help you Solaris for you if you don't like it.

Just because you will now get annoyed by popups after stealing software, doesn't mean anyone has taken your rights away from you.

Posted by: D | April 25, 2006 10:31 PM

You got that! Constitutional rights went out the window with Dub-yah...

Posted by: Jay | April 25, 2006 10:33 PM

>.Neither the computer you own nor the software you run on it is the property of Microsoft.<

Of course it is. Did you think you were actually BUYING the software? Good Lord, woman, read your license.

Posted by: Bob | April 25, 2006 10:33 PM

If we still had the "FREE NET," we would still be dialing into bulletin board systems. You actually have to reward people for their society-changing inventions, not everyone is smelly hippy who will work for free.

Posted by: Anonymous | April 25, 2006 10:35 PM

Of course your Constitutional rights are not violated. You must check the box to agree to the installation. If you do not check the box, the anti-piracy tool will not install. Its an agreement. In the same way, police cannot enter your house or search your car without your consent.. that is, if you live in the United States. The key is to read the user agreement before agreeing.

Posted by: Eric | April 25, 2006 10:47 PM

You sign away all your rights in the EULA - even the ones that they're not allowed to take from you. Have you read it? it's very scary. The problem with the constitutionality of this (or any of MS's illegal tactics) is that someone would have to take them to court on it, and I don't think that anyone here has the money to battle MS in court. Money is justice and they'll sue you right out. While you may be right, are you going to risk losing and having to pay your lawyer (and MS, and maybe MS' lawyers) instead of just paying the $100 or whatever it is to buy their little OS?

Go to linux. Free yourself for your own sake. You can't do as much (yet), but at least you're not chancing a glance with an evil corporation that has been convicted on multiple continents.

Posted by: cookie | April 25, 2006 10:54 PM

I've worked for three large companies in the last decade. In each case there has been some degree of unlicensed Microsoft software on their machines. It is impossible to keep compliance at 100%. Some things always get installed from a borrowed CD, brought from home or downloaded from the Internet.

Next, some of the OEM keys from major US sellers' stickers on computers I repair will not pass the WGA test when I reload them after malware infestations. Am I going to be accused of installing pirated copies of Microsoft Windows when my customers follow through with the reporting procedures and tell Microsoft who installed their software?

When the Genuine Advantage check came out I stopped reinstalling Windows on computers for customers who did not have a COA for their Microsoft software. Even then, some COA's will not pass the test. I'm now going to refuse to reload Windows 2000 or better on any machine!

It's time for me to dive full tilt into learning how to make Open Source software work for my clients. Soon I'll be advocating replacing Microsoft with Open solutions I will not have to litigate over.

The pirates will crack and patch around this, it won't bother them. Only Microsft's real customers will be put out. Now it seems more private to run a pirated or out of date version of Windows. Is that what you want Redmond?

Posted by: A Microsoft Trained MCSE | April 25, 2006 10:59 PM

Astonishing cheek! Protecting an in vestment is fine but this is a burglary. MicroSoft...get bent!

Posted by: Jas Western | April 25, 2006 11:21 PM

"Neither the computer you own nor the software you run on it is the property of Microsoft."

Wrong. The software you run on it IS the property of Microsoft. (At least what they created is.) You merely have license (permission) to use it. You did not buy the SOFTWARE. You bought the RIGHT TO USE the software. That's a big difference, and it's not splitting hairs.

Posted by: Chris | April 25, 2006 11:31 PM

This is ridiculous. Microsoft has no right to scan my computer under the guise of fixing its faulty software. That's adding insult to injury.

Posted by: Samantha | April 25, 2006 11:33 PM

The initial OS installed is licensed to you by Microsoft (or to whoever bought the OS and put it on your machine, in case of buying a used computer).
Beyond that, anyone who enables automatic updates from Redmond is an idiot, and the machine should be taken away from them ASAP. Major corporations don't enable automatic updates, and they have 24/7 tech support onsite - do you??? I didn't think so. MS patches are a joke....its a patch that patches a patch that patches a patch that patches faulty software. I seriously think there must be a building on the Redmond campus nicknamed the Bandaid Building, where programmers laze about drinking cafe latte most of the time and figuring out how to screw up the next patch, just to keep MS users coming back for more abuse.
If software malpractice were treated like medical malpractice, Microsoft would have been bankrupt long ago - it causes far more harm and economical damage.

I do consulting and tech support to individuals and small companies, and the first thing I do is turn off auto updates, and refuse to work for those that don't. I send an email when its 'safe' to install one. Got a late nite call from a friend with a small business whose computers crashed on an update - I asked if she had auto-update on or off? On. I hung up. Can't cure stupid, most times.

Posted by: Michelle | April 25, 2006 11:43 PM

of course companies have constitutional rights, only people don't. how can we have a trade imbalance if asia starts paying for software. How many more sweat shop nikes can they ship through our middle eastern controlled ports? you guys have no sense of reality, nor any sense of humor. just remember the 10 republican commandments, 1 - thou shalt kill and start wars, 2 - love yourself and your corporate boss, 3 ...

Posted by: # | April 25, 2006 11:50 PM

Actually, the software you run on your computer (at least, the *Microsoft* software you run) is indeed the property of Microsoft. Read your license agreement.

You're not buying the software, you're buying the right to use it, rather like leasing a car.

Posted by: Anonymous | April 25, 2006 11:50 PM

You don't own the software, you just have the right to use it. Read the EULA.
G.

Posted by: GeoAtreides | April 26, 2006 12:02 AM

I turned on my computer today 4/25. I got an error message saying that there was " A problem preventing windows from accurately checking the license for this computer" followed by a denial of access error code. I can't boot my freakin' computer!!!

I have a HP laptop that came with XP preloaded. The windows authentication is on the back. I am 100% legal.

I spent all day trying to figure out what was wrong. I had deduced MS was the culprit.

What do I do? Who do I call? I can't install a patch, I can't boot at all.

Posted by: John Finn | April 26, 2006 12:04 AM

"

Neither the computer you own nor the software you run on it is the property of Microsoft. The program amounts to unreasonable search. Is someone suing MS for violation of Constitutional rights?

Posted by: Wanda | April 25, 2006 05:42 PM

"

Actually, when you buy most software, it doesn't actually belong to you. You are merely purchasing the licensing to use it. (That's what the license agreements that you're supposed to read before installing any software say)

Posted by: Anonymous | April 26, 2006 12:10 AM

I turned on my computer today 4/25. I got an error message saying that there was " A problem preventing windows from accurately checking the license for this computer" followed by a denial of access error code. I can't boot my freakin' computer!!!

I have a HP laptop that came with XP preloaded. The windows authentication is on the back. I am 100% legal.

I spent all day trying to figure out what was wrong. I had deduced MS was the culprit.

What do I do? Who do I call? I can't install a patch, I can't boot at all.

Posted by: John Finn | April 26, 2006 12:12 AM

Wanda, when you opt to purchase a product and agree to the terms of the seller you are giving up any rights you may have. Also, Constitutional Rights limit what the government can do, not what a company or individual can do. If you're so freaked out about getting warnings that you're running illegal software then buy a legit copy, or use some other operating system.

Posted by: Anti-Wanda | April 26, 2006 12:17 AM

if you are reinstalling xp on the same pc.;;;

when replaceing hard drive
place these in c:\windows\system32 folder
to keep it (xp) activated.

1. Double-click My Computer
2. Double-click on the "C" drive
3. Go to the C:\Windows\System32 folder (you may have to click on the link that says "Show The contents of this folder")
4. Find the files "wpa.dbl" and "wpa.bak" and copy them to a safe location. You can copy them on a floppy drive or burn it onto a CD or DVD.
5. After you have reinstalled Windows XP on your reformatted hard drive, click "No" when asked if you want to go ahead and go through the activation process
6. Reboot your computer into SafeMode (you can either press F8 as Windows is booting up to see the Windows Advanced Options menu and select SAFEBOOT_OPTION=Minimal or follow the instructions in Starting Windows XP in SafeMode
7. Double-click My Computer
8. Double-click on the "C" drive
9. Go to the C:\Windows\System32 folder (you may have to click on the link that says "Show The contents of this folder")
10. Find the file "wpa.dbl" and "wpa.bak" (if it exists) and rename them to "wpadbl.new" and "wpabak.new"
11. Copy your original "wpa.dbl" and "wpa.bak" files from your floppy disk, CD or DVD into the C:\Windows\System32 folder
12. Restart your system (if you followed the directions in Starting Windows XP in SafeMode you may need to go back into MSCONFIG to turn off booting into SafeMode)

Voila! Your Windows XP operating system is now reinstalled on your reformatted hard drive and you are all activated without having to actually go through the product activation process!

Posted by: pc-repair | April 26, 2006 1:10 AM

It would appear that the way around this is to use the Mozilla browzer by default.

I don't have an illegal copy of anything but notice that MS chose not to fully answer your final question.

It seems to me MS believes they have the right to install anything they want on my computer (that I bought and paid for, not MS) and if I decline that opportunity they will bombard me with reminders every few minutes. How many eventually give up and give in I wonder?

Posted by: Tee | April 26, 2006 1:12 AM

Constitutional Rights are loverly - if you're an American. The other 97 % of the world's population are not covered by the American Constitution.

Posted by: Criggie | April 26, 2006 1:12 AM

haha

Posted by: Anonymous | April 26, 2006 1:29 AM

If the purpose of this tool is only to determine the geographical location of users victim to counterfeit resellers, then it will do practically nothing to stop it. Not to mention that it's optional...

Posted by: Anonymous | April 26, 2006 1:49 AM

To John Finn,
Call HP tech support. HP and Dell like to screw with your mind as much as MS does, but its their machine pre-loaded with MS, so its in their court. They should be able to tell you how to get it back up or, at worst, they gonna ask you to send the machine back so they can send you a new one.
Hopefully, you backup to other media. If you don't, and don't like the idea of trashing current computer for a brand new one, take it to a shop and they can reboot it for you.
Let this be a lesson to you and others to NOT enable automatic updates.

Posted by: Michelle | April 26, 2006 1:51 AM

um, that means you would need to erase your non-legal copy of windows, go to the store buy a legal copy, install it, update it, re-install all other software, update that, copy from back-ups all other personal data? just how many people are going to do all that?

Posted by: johnb | April 26, 2006 1:58 AM

Mary wrote:
"Automatic Updates completely disabled Outlook Express on my system. I was provided with a 60 day trial of Office which I have never initiated and registered, but it decided it needed to do an Office Outlook update..."

Outlook Express has nothing do to with Outlook. You get a free 60 day trial of Office, which contains Outlook (its another MS screwup, what can I say?).

Express is contained within/bundled with the OS (yeah yeah, I know; don't rag on me)
and Outlook is in the separate software package called Office - you get to see/use that for free for a coupla months, then pony up some money or it turns off and refuses to work.
IF you like MS, and have high speed internet, go to MS and buy Office and download it. If you have dialup...sigh...

Posted by: Michelle | April 26, 2006 2:10 AM

Cliff,
You aren't the brightest bulb in the pack, are you. (notice that's a statement, not a question).
"With Office uninstalled, I found I had lost WORD altogether, so I reinstalled MS Works Suite 2003, only to discover that MS would not accept my PID for this program. I also found that much of the functionality of Works Suite was now impaired. I was only able to restore all functions of Works Suite when I was forced to reinstall the OS and all programs following a hard drive failure.

But, my WORD 2002 program is still tagged "Office XP", and I can't download updates from the MS site without being confronted with their "Genuine Advantage" garbage, which I know will hose up my programs once again."

Without Office, you don't have WORD, dude. Duh. Works doesn't have WORD on it that I've ever seen.
Word 2002 and 2003 is also called Office XP, both are a part of it (heh, have you noticed they screw up a little bit at MS?)

Stuff is slow on your computer. Yep, I bet it is...people should learn how to use and maintain their computers, or pay someone to do it on a REGULAR BASIS just like you do your car's oil change, tune up, wheel rotation....or pay the consequenses.
For everyone who doesn't know anything more about computers than to turn it on and browse and send emails...PLEASE DEAR GOD GO SOMEPLACE AND GET INSTRUCTIONS!!!!!!!!!! on how to use your computer and safely use the internet.


Posted by: Michelle | April 26, 2006 2:27 AM

Microsoft would know something about software piracy, after all their empire is to a large degree built on it.

Posted by: Andy | April 26, 2006 2:54 AM

You have the right to choose whether or not to install the software, so it stands to reason that what happens on your computer after your acceptance of a patch download (knowledgeable of the effects or otherwise) are your responsibility, so long as said patch is from a respectable source, which is less and less these days in the case of the monolithic Microsoft, who's popularity is dwindling on the security front.

On the other hand, I would certainly oppose any gathering of data upon the dissemination of information about anything running on my computer without my prior explicit consent, even an IP address (since it CAN still be used for personal identification for legal reasons, since piracy is illegal, but legalities associated with the acquisition of personally identifiable information associated with an IP address another argument).

In my specific case, I bought my computer from my previous employer who eventually didn't pay for the computer from their supplier, which resulted in the supplier reporting the copy of Windows on my computer as stolen, in effect rendering my copy of Windows and all software/configuration I've vested into it up to this point at risk (on a buggy OS) until I purchase ANOTHER copy to re-legitimize my own copy of Windows, shelling out yet another couple hundred of bucks.

Posted by: pat [at] catchyour.com | April 26, 2006 3:02 AM

Good for Microsoft! I'm glad they're finally going after people who try to ride on the coattails of those of us who obey the law and rules.

I don't think it's unreasonable for Microsoft to take the additional step of turning off the user's copy of Windows or Office after the customer fails to verify over a few weeks.

They should really implement this in the problem areas such as China, India, Eastern Europe, etc. where piracy is rampant and deliberate.

Posted by: Luke | April 26, 2006 3:11 AM

Constitutional rights only restrict the government, not private companies.

However, if the company that built and sold you your house decided that they had the right to say what you're allowed to do (no more than two people per bedroom, no extensions or modifications, no looking to see how the garage door works, etc). If your building company decided they had the right to randomly inspect your house for violations of their rules, or even alter your house after they sold it to you, that's got nothing to do with the government. The house is, after all, still their 'intellectual property'. Right?

You probably wouldn't want to buy a house with those kind of conditions. I know I wouldn't. And I won't accept the same for an operating system.

Posted by: zcat | April 26, 2006 3:30 AM

What Microsoft fails to realise is that this initiative will actually increase piracy, not decrease it. When customers are treated from the beginning as criminals, resentment builds, and some even feel like if they're going to be punished anyways they may as well commit the crime.

Microsoft needs to drop its siege mentality, and stop treating its customers as potential pickpockets. The way they are behaving now is like a department store that frisks each customer upon entry and exit.

Posted by: Marc | April 26, 2006 3:32 AM

"unreasonable search"? LOL.

I'm sure this is more than legitimate as users must AGREE to a rather broad license before running Windows for the first time.

Posted by: Max | April 26, 2006 4:01 AM

In the end MS has damaged their reputation again. Not with this relatively minor WGA Notifications itself but more importantly with the inclusion of MS office updates as Required in the Auto Update system. This was a previous Opt-in update process. Many companies have problems with some service packs for office 2003 as it has several incompatibility issues with some Accounting software. As such it was never pushed out to users from the administrators. However Overnight they have pushed out millions of Service packs using the new Auto Update feature which includes office 2003 now. With no Warning what so ever.

This will damage millions of systems world wide using certain accounting packages that integrate into office 2003 for reporting.

All I can say is Microsoft had no right to disrupt thousands of businesses in this way, with their abritary change to a security system for WINDOWS NOT OFFICE! Even if there was some warning first it would have been aviodable as Network administrators could have taken precautions to avoid downloading the effected patches. But Microsoft has once more proved to the world it does not care what happens. Just as long as MS gets its way.

Wait till Corporate America turns away from the much touted Windows Vista!!! I know for a fact this has only gone further to pushing my business away from Microsoft products in the future.

Posted by: IT Consulting Services | April 26, 2006 4:32 AM

If Microsoft priced its products better, software piracy wouldn't be such a problem. As most people don't mind paying for software provided its not excessively priced.

Live free, use Linux. :)

Posted by: lloyd | April 26, 2006 4:52 AM

This is all a bunch of spin b.s. to cover Microsoft's ever-growing greed.
I own a legit copy of XP pro, but have 4 computers. I am NOT a business nor do I make any money from my computers, I'm simply a "computer nerd". By Microsoft's reckoning I should be shelling out over $1000 just for the right to install XP Pro on all 4 of my computers. This is neither reasonable nor within my financial means. Therefore I will feeely admit to having "hacked" the copy of XP Pro that I own to allow it to run on all of my computers.
I have never given away or installed any of the versions of Microsoft's OS that I have purchased to others, I just don't believe that's right, but their current policy is, IMO, unreasonable. Allow something like 5 or less activations and maybe you'll get a lot less pirating from home users who happen to own more than one computer and are neither able or willing to have Microsoft's hands that deeply into their pockets.

Posted by: TheWizard | April 26, 2006 5:23 AM

I'm living in Indonesia at the moment, and when i moved here i bought a laptop already with windows and office instaled.
For my suprise they are fake, went to the store and they said that there's nothing they can do... Imagine me now, if i want a legit windows and office i must pay 200 dolares plus... Just my luck... If anyone goes to any asian country be very carefull. Even if the store gives you a warranty, the laptop as those stamps under it, most of it are fake.
I learned the hard way.............

Posted by: Pedro | April 26, 2006 5:37 AM

Windows XP 2006 is the most unreliable windows software I have yet used and I am hoping an alternative operating system will emerge.

Many of MS patches don't function properly.

Posted by: Mike Jones | April 26, 2006 5:45 AM

What concerns me is the manner in which Microsoft are forcing pre-release software on users. They are treating it as High Priority updates. There is nothing high priority about this so Microsoft are not being truthful. They speak of opt in but if you opt out (must people would simply install a High Priority update) then you get the message that you have hidden important updates in Microsoft update. So much for respecting the users right to opt out of software that is not critical, important, nor necessary.
I don't support piracy but equally I don't support heavy-handed untruthful tactics (something cannot be true if thought word and deed are not in accord). Microsoft seem all to eager to find one guilty when one may be innocent with no right of appeal. It is about time they appreciated they are not infallible and correct their errors speedily. Dumping pre-release software when there appear known unresolved issues without the ability to remove it in this manner appears irresponsible.

Posted by: Steve | April 26, 2006 6:03 AM

my pc automatically downloaded and installed this today, only problem is that I do no have automatic updates enabled. I have notification of updates enabled, but not the download and intall. It really bothers me that Micosoft will ignore my settings and automatically install software without my permission, especially for something that is not a very important security update.

Microsoft just lost alot of credibility with me, the mac is looking more and more attractive for my next PC.

Posted by: ralphie | April 26, 2006 6:43 AM

don't use Microsoft products - use Linux, and enjoy software freedom! Microsoft is an evil, convicted monopolist, and the root cause of software woes such as virus, worm, Trojan, and other intrusions...

Posted by: willie | April 26, 2006 6:54 AM

All Your Rights Are Belong To Us

Posted by: MS Alien | April 26, 2006 7:04 AM

It's not a question of Constitutional violation - you're choosing to run Microsoft's OS, and you're choosing to run the anti-piracy check (even if it becomes a mandatory part of the OS).

Many shareware programs check your copy of their software to make sure you're registered on a server database - is this somehow unlawful? Of course not. It's just an attempt to make sure you're following the rules and paying for the software you're using.

If you're concerned about the anti-piracy check, there are always other OS choices. If you want to use XP, though, you're going to have to play by the rules.

Posted by: H.A.C. | April 26, 2006 7:16 AM

Typical MS bait and switch. They package it as good for the consumer as they need to know if there copy of Windows or MS Office is legitimate. Fact is most people tend to remember dropping a few hundred bucks for XP or Office so I doubt they need MS reminding them of this fact. Pirates on the other hand are not affected as they typically have patches pr fixes to circumvent such nuisances. So here we have MS pushing irrelevant files to the user that gives them nothing and the pirates keep on their merry way. I don't have to constantly prove I own my home or car or my shoes for that fact so why do I constantly need to keep proving to MS I bought there software. Mac Mini here I come!

Posted by: Scott | April 26, 2006 7:18 AM

As per Windows' license agreement, the software **IS** the property of Microsoft. We just have been licensed by MS to run it on our PCs.

Posted by: Dan | April 26, 2006 7:27 AM

I will not be updating to the next version of XP (Vista). While I understand the costs of software piracy, the consumer is losing control of their PC. I'm moving to Ubuntu Linux and/or Mac OS X

Posted by: Walt | April 26, 2006 7:29 AM

When freedom is outlawed, then only outlaws, will be free.

Posted by: Gawain | April 26, 2006 7:48 AM

Have you ever read an End-User License Agreement (EULA) when installing software? Basically it states that you don't own the software. You spent hundreds of dollars for the right to use the software but do not have the right to install it on more than one computer, cannot reverse engineer it, sell it when you are done with it (or give it away for that matter), talk bad about the software company, or anything else that you might want to do with it. And it isn't just MS that has those stipulations, nearly all commercial software has a similar EULA. So constitutional rights have nothing to do with software.

Posted by: Rog | April 26, 2006 7:50 AM

Oh C'mon....so they're trying to get a handle on how many PCs out there don't have a licensed version of Windows. They're a business! They MAKE money. That's what businesses (good ones at least) do! Quit yer whining. If it chokes up on you, then you're prolly one of the ones they want to know about. I know that if I were a shareholder, which I'm not, I would be happy to hear how my company that I own stock in is trying to make the bucks.

Money makes this world go 'round, not fancy ideas about personal freedom and the likes. Microsoft is just a symptom, but not the problem.

And all you people who end your post with stuff like "Forget Microsoft, I'm moving to [pick one; Macintosh, Linux, Unix, blah blah blah], you're just trying to push your crappy, hard to work with OS on those few imbecilic people who think this is really a big issue. It's Not!

You know, I got pulled over the other day by a cop. He wanted me to provide him with my license and proof of insurance. Do ya think I went off on him about my constitutional rights being violated? No! I had to PROVE that I was a citizen and I had to PROVE that I had insurance....valid insurance. That's the way things go. I had absolutely no problem with him checking, becausde I know how many illegals there are in my area who do NOT have insurance and who have fraudulent paperwork about them being in the country. By all freaking means, go ahead and check. Government or Microsoft. They're both symptoms, not the problem.

The problem is money.

Posted by: Mark G | April 26, 2006 7:53 AM

Actually, the software you own is the property of Microsoft. You are merely licensing the use of that product. I don't believe there is any Constitutional violation here. You accepted the licensing terms when you installed the software.

Posted by: Aaron | April 26, 2006 7:55 AM

Time to switch...

Posted by: lmm | April 26, 2006 8:00 AM

Your comment is incorrect. Like it or not Microsoft owns the intellectual property rights of the software you are using. You only buy a liscence for personal use. So they have every right to do what they are doing. If you don't like it, i suggest you find an alternative.

Posted by: Joel | April 26, 2006 8:02 AM

The computer is yours, however the software does NOT belong to you. You only have a license to USE it. Better start reading your software agreements.

Posted by: Dave | April 26, 2006 8:10 AM

The constitutional prohibition against unreasonable searches and seizures applies against the government, and although Microsoft is huge, it isn't the government.

Posted by: Gary | April 26, 2006 8:12 AM

Microsoft, as a private company, doesn't have to pay attention to any of your rights. If you don't like what they're doing, you don't have to use their software. The Constitution only applies to the government or it's entities.

Posted by: Aaron | April 26, 2006 8:14 AM

Windows software IS the property of Microsoft...you just buy a licence to use it. this has little, if anything, to do with the Constitution.

Posted by: bobw | April 26, 2006 8:17 AM

Just another way for Micro§oft to piss people off. This whole pushing out software through automatic "secret" updates crap is retarded. I haev automatic updates set to ask before doing anything and i saw that sucker on there today. Good thing i have RSS feeds on google to tell me when microsoft is up to its crap again. As i have read that some people are already having problems with this and more will as well, keygenerators used by popular pirating groups dont generate dead keys they generate live keys, so every generated key is probably some poor sap who actually paid for his copy of Winblows and now will be bugged by yet another form of stupid pop-up telling them windows isnt valid, and oh my gosh in case you forget "everytime you turn on the computer". Micro§oft needs to understand it can't stop it, it can't thwart it, it can't even begin to touch it. For every patch, there is a crack, for every crack a new patch. One day they will learn that their over priced high crash rate OS is not as good as they would like to think. Yea its the most popular because its the easiest to run, also the easiest to crash. Anyhow, is anyone else getting sick of hearing news about genuine this genuine that?¿¿?

Posted by: Network Admin | April 26, 2006 8:18 AM

Microsoft is simply trying to milk it's users for more $$$ via covert marketing cloaked as security under WGA. I am a college student and my version of XP came up as a pirated copy despite the fact that I had the original shrink wrapped CD. At this point I am seriously looking at going to either Apple or Linux OS and abandoning Messysoft alltogether.

Posted by: Kevin | April 26, 2006 8:38 AM

This sounds far too intrusive, and if it is faulty as stated above, many problems will arise from this.

*

Posted by: C.O. | April 26, 2006 8:43 AM

no unreasonable search argument to be made b/c microsoft is not a gov't actor (yet, anyway)

Posted by: Elmer Fudd | April 26, 2006 8:52 AM

Microsoft is full of bullsh*t,..according to various websites Microsoft themselves or someone working for them put out copies of XP & XP Professional on the likes of Kazaa and other P2P sites. Naturally people downloaded the junk XP software. Now the whole world of hackers & the like has used their cr*p product to find out & report its many flaws...MS come over as the injured party.

Posted by: Linux user | April 26, 2006 8:54 AM

You may own the computer, but you don't own the sofware. If you read the licensing agreement when you install most software, you'll see you only purchased the right to USE the software. I'm guessing that's why this is legal, albeit, intrusive.

Posted by: Jesse | April 26, 2006 8:57 AM

Your right to be free of unconstitutional search and seizure extends only to the government. You might have a private claim against Microsoft (assuming you could show damages and had standing to sue) but they are not bound by the 4th Amendment or any other constitutional provision. Sorry.

I don't happen to have a legitimate copy of Windows - my machine is an ancient Pentium III and I long ago borrowed a buddy's hacked software just to keep it running (my bundled copy of Windows 98 crawled). I'm not particularly sorry about stealing Microsoft's program; they simply have more money than Croesus and could afford to bring prices down to reasonable levels (i.e. $40) any day. In that event I would upgrade.

Computer use is quickly becoming so necessary to the daily survival of people of this country that it is akin to a utility. Utility prices are regulated by the government - and operating system costs should be as well.

I have moved to Mac on all computers but the one in question and will soon be scrapping that. Good bye, Microsoft. OS X is simply a better OS. You had a good run, but I can't take it any more.

Posted by: Lawyer | April 26, 2006 8:58 AM

why dont you sue microsoft then?

Posted by: Anonymous | April 26, 2006 8:58 AM

Goodbye Micro$oft - Hello Linux!
ps: Someone should pie Bill Gates again just like they did in Europe a few years ago. ;)

Posted by: Dave @ UCLA | April 26, 2006 8:58 AM

Actually, the software (Windows) you run on it *is* the property of Microsoft. You license it, you don't own it.

Posted by: Frank | April 26, 2006 9:12 AM

I don't know why XP's users are getting upset about an app that spies on you. What do you think XP is? It's one big piece of spyware.

Windows 2000 was fine and still new when XP came out. Why? Remember the gov was coming down on MS for anti-trust violations? Remember 9/11/01? Strange how the gov dropped everything about the anti-trust right after that.

Enter XP. The government made deals with MS. MS was to come out with another OS that would basically record everything you did. System Restore? Give me a break. Just another way to file away your stuff for retrieving if needed. Caching your mail now with Exchange and Office 2002/XP/2003? Same thing, just making as many copies of YOUR PERSONAL data as it can. Why does it take so long to clear your history in IE, even if you have only visited 1 page since the last clearing? It's copying the stuff you think you are removing to a folder in which you do not have access to.

This tool is only enhancing the largest trojan horse / keylogger ever built... WINDOWS XP.

*

Posted by: BOB | April 26, 2006 9:13 AM

I have always wondered about the companies that scan my computer, or place cookies on my computer.
I must have missed that point in the Users agreement that gave them the right to search my computer.
JM

Posted by: J_Mac | April 26, 2006 9:16 AM

Wanda,
While you are correct about the computer not belonging to Microsoft, the software is their property. You should take some time and read the licensing agreement you agreed to when you clicked accept. You will find that you have been granted a non exclusive license not ownership.

Posted by: Andrew | April 26, 2006 9:19 AM

I didn't know that I have to pay for my XP 199$. I paid 3$ for the cd on flea market and I think it does not worth it.

Posted by: Anonymous | April 26, 2006 9:21 AM

My pirated copy of XP didn't come with an EULA. :)

Posted by: Chap | April 26, 2006 9:22 AM

I think that I've figured it all out folks! Microsoft is merely trying to wrest-back it's historical title as America's most greedy Corporate Entity from the Big Oil Companies who recently stole it with $3.75/Gal Unleaded! "..his eyes opened!"

Posted by: Leon | April 26, 2006 9:23 AM

How do you spell Linux?

Posted by: Gill Bates | April 26, 2006 9:25 AM

Actually you don't own the software on your computer, you mealy have paid for a license for permission to run it.

Posted by: Anonymous | April 26, 2006 9:25 AM

Gee, MS could have stopped all the illegal copies years ago. They want you all using windows, legal copy or not. They just timed this to coincide with the release of Vista! In my opinion it is just strong arm marketing. Download and install Linux. Open office is every bit as good as MS Office. PS, Linux is free! Once you get used to it you will not notice the difference, except for the lack of crashing, no viruses, and the performance increase.....

Linux user for 11 years, 5 system crashes in 11 years. Not a virus or security breach to date.

Posted by: Penguinista | April 26, 2006 9:26 AM

Looks like M$ is starting to promote Linux. Things just keep popping up and Microsux continously has to keep defending themselves. I refuse to use windoze at home but I have to use it at work.

Posted by: HuFlungDung | April 26, 2006 9:27 AM

Wasn't Microsoft founded on software that didn't even belong to them? What are they complaining about now? What comes around goes around...

Posted by: Wondercookie | April 26, 2006 9:37 AM

Funny how I'm in a tough place here, I am a graphic and web designer right now, but I have been an avid pc modder for 6 years. Which means that every 4-6 months I swap out my motherboard, cpu and grapchics card for the newset best out here. Ive had to disable WPA on my previous versions because microsoft doesnt belive that pc builders still exist. So these tools encourage piracy even for a paying customer. I have 3 copies of xp pro and office, I am not a pirate, but I will "adjust" their software to work for me just like I do with hardware.

Posted by: B34NS | April 26, 2006 9:38 AM

How scary. I got the notice to run this update today, but haven't installed it yet. Now I'm not sure I'm going to, even though I have the Dell-installed copy of Windows XP, but Dell didn't send me the XP disc or a system restore disc, so I have no recourse if this addon messes up the computer somehow. No good.

Posted by: Rebecca | April 26, 2006 9:39 AM

This is all a joke. Why do this? Most people who are running a non-legit windows will most likely know about it, and won't bother to participate. And for those that don't know they don't have a legit copy have obviously not had any problems with the software otherwise they would have gone out and bought a new copy. I think its all a bunch of microsoft stupidity.

Posted by: George | April 26, 2006 9:39 AM

We don't have a constitutional right to a computer or its use. The computer and the software included on the computer is all intellecutal property. Furthermore, Microsoft's EULA dictates that it holds any and all rights to any and all Microsoft software (including the OS - Microsoft Windows blablabla) and that the removal of said software from your very own personal computer is at the disression of Microsoft. In order to use any Microsoft software, you agree to the EULA even if it's OEM. If you haven't read it, try it. It's sinfully delicious.

Posted by: Anonymous | April 26, 2006 9:45 AM

The Fourth Amendment is a restriction on the Federal/State Government, not a private company.

Posted by: Anonymous | April 26, 2006 9:46 AM

Actually, if you read the "Licensing Agreement," you will discover that all you ever purchased was the rights to USE the software...

Posted by: Scott | April 26, 2006 9:47 AM

It free, its better. That is why M$ is trying to destroy it. Don't believe for one minute M$ is going to promote it. Read up on it. Download it for free, use it FOREVER.

Posted by: Move to Linux | April 26, 2006 9:48 AM

>

Probably no one red license agreement from top to the bottom and this is sad.
Microsoft clearly described - you do NOT own software, you just RENTING it as long as you agree with these terms.
Microsoft just made one more step to kill itself, good luck in it

Posted by: Vasya Vetroff | April 26, 2006 9:48 AM

If by chance you get the "your software is pirated" message just say you will resolve later. Then go to programs/system tools/system restore. Use the restore point before the update. Then make sure you turn off automatic updates. Viola its back. Just don't update WGA. PS.... Try Fedora linux or one of the other flavors. Just because it is free doesn't mean it isn't good!

Posted by: System Restore is the answer! | April 26, 2006 9:53 AM

I can understand wanting your fair share for your product being sold and used around the world but to force people to validate or not allow them certain updates such as IE 7 or Windows Defender is a bogus deal. Updates should be nothing more than Microsoft supporting their product. Much like a warranty is to a car or a toaster. If there is an issue such as a security breach and microsoft patches it, that should be considered nothing more than Microsoft supporting their product and doing their job. If a car is manufactured and it has faulty wiring and the chance to start a fire, I don't believe Ford verifies you still have your stock radio before resolving the problem. As a Windows based IT person for almost 8 years, I think it might be time to learn more Linux.

Posted by: R. Francis | April 26, 2006 9:54 AM

As I sit here (clicking the "Restart Later" button after updating a .sys file from AU for the 100th time) I feel a certain amount of outrage concerning WGA.

Yes Microsoft has the right to verify that the OS is legitimate. No, Microsoft has no right to install something on my computer without my saying it is okay. I don't care if it is their product or not.

I just read an article last wee stating that Suse Linux has just issued a new version that is to compete with Windows Vista. Of course I have to do some research on this to see if I can run all my software on it but three words come to mind - Bye-bye Microsoft...

If the Linux thing fails I happen to know there it a Mac out there I wouldn't mind using.

Bottom line is that there are options out there. Microsoft will push its legit customers away with this WGA.

I'm tired of trying to keep up on my security updates, licensing and whatever else simply because I'm using a Windows OS.

Posted by: Flipknob | April 26, 2006 9:54 AM

Why don't we just give "big brother" Windows royalty status. I was forced to use Windows since they cajoled so many software companies into requiring the Windows operating system. When something else comes along and software will run on it I will be the first to say good bye to the seathing monster known as Microsoft. They used unethical albeit legal methods of forcing us to use them. Corporations often do things called good marketing that if individuals did the same thing it would be called stealing.

Posted by: Richard | April 26, 2006 9:56 AM

The EULA also states that if you do not agree to the term you can refuse windows.... To date I know of no one that has gotten a refund of the MS TAX on thier computer. Thier licence seems to go only one way, into thier pocket. They force you to buy windows due to the MONOPOLY. They FORCE software developers to make windoze only apps. They use our money to BUY politicians and keep thier monopoly.

Posted by: The EULA | April 26, 2006 10:00 AM

We purchased and installed authentic XP on all our computers. Frankly, we are very pleased MSFT verifies the legitimate use of its products while hopefully putting the screws to all the pirating scum of the world. Keeping their and our costs down, enhancing the interoperability of all computers, and castrating/nutering the global sons-of-bitches seems rational, synoptic, and coherent. Go MS!!!

Posted by: not so s t u p i d EARL | April 26, 2006 10:01 AM

As a consumer I am concerned with this new "tool", am I the only person out there that cringes to think of what malicious code writers will be able to accomplish using exploits or bugs with this.

Posted by: concerned | April 26, 2006 10:05 AM

Sorry -- but the "unreasonable search" poster is in error. The computer is yours. The software, however, is Microsoft's; under the terms of the agreement you "accept", they are "licensing" you (giving you permission) to use _their_ software, and they retain all property rights, including intellectual property. It's like leasing an apartment -- you have certain rights to "quiet enjoyment", etc., but the apartment still is the property of the landlord, who is allowing you to use the property in return for your rent money and other considerations. This is common practice in the industry.

Posted by: Don | April 26, 2006 10:06 AM

Wanda read your EULA! Microsoft does in fact own the software, your simply buy a license to use it. If you break any line of the EULA they have the right to remove the software from your computer.

Posted by: Tyler | April 26, 2006 10:06 AM

A common misconception about constitutional rights is that they apply to actions by anyone and everywhere. The constitution provides no privacy rights to one party of a commercial transaction. The constitution is concerned with what the government may or may not do, not what any particular company may or may not do.

If you don't want microsoft looking at your computer, you are free to not invite them in. Microsoft is not invading your home, depriving you of your right to assemble, stopping you from petitioning the government, etc. If you don't like what they produce as a product, buy some one else's stuff.

The constitution is a wonderful document, but many people who quote it have not actually read it. They assume it says things it doesn't say, and means things it doesn't mean.

Posted by: Constitutional Rights | April 26, 2006 10:07 AM

So if this program is OPT-IN. How come your PC automatically downloaded installed and rebooted?

Mine did the same this morning and I did not opt-in to anything.

Posted by: Steve M. | April 26, 2006 10:11 AM

I switched to Linux Fedora a week ago. My four PCs no longer boot XP. The extra security software needed to keep XP safe got too expensive. Linux has 'open office' which is a good replacement for MS office and is free and non obtrusive.

Posted by: Ken | April 26, 2006 10:13 AM

What bothers me is the problem Don is having with Microsoft failing to respond and fix the problem. I believe that I would not opt in at this time if WGA is rendering false detections. I know that I have a genuine copy of XP as it came installed on my Dell as received from the factory. They don't even provide an install disk for XP when you buy one of their computers. If this is what they are already doing, I see no need for WGA at all.

Posted by: Gary | April 26, 2006 10:15 AM

"Neither the computer you own nor the software you run on it is the property of Microsoft. The program amounts to unreasonable search. Is someone suing MS for violation of Constitutional rights?" --Wanda

If you have agreed to the Microsoft End-User License Agreement, you have agreed that the software on your computer is not your property, but is the property of the Microsoft Corporation and that your only right is to have permission from them to use it, in accordance to the terms set forth in the Agreement.

You have waived any rights that may have had.

Posted by: Tarik | April 26, 2006 10:16 AM

I wonder what else WGA disables that MS 'forgot' to tell us about.

Posted by: - | April 26, 2006 10:16 AM

If this overides your settings to not install and installs it anyway, that is a violation and should be considered malware.

I love how MS claims it's an ADVANTAGE. What a joke. We are all supposed to be thrilled that we now know our Windows is not pirated. BFD!! I could care less if my copy is pirated or not. As long as it works. "Gee thanks MS for letting me know that my copy is not pirated."

MS allowed their software to be pirated at will. This is how you enter markets. Now that 90% of the world uses it. (And if you are in business, you have no choice, because your clients more than likely use it) they are going to clamp down on it. What a bunch of butt cheeks they are.

As stated, the price for it will not go down. Vista more than likely will be MORE expensive.

*

Posted by: C.O. | April 26, 2006 10:17 AM

My company is moving to Linux. We have over 65000 people. Tens of thousands of computers worldwide. Our sysadmins are scratching thier heads as to why they didn't do this years ago....

Posted by: Big Company, bankrupt no more | April 26, 2006 10:19 AM

It will only be a matter of time before this is also cracked by pirates. WGA can be gotten around I did so for my son's computer when WGA said that XP was not legit when I know it is, unless M$ is in the business of distributing pirated software, since I got it straight from M$ not a reseller. This is just another reason for me to continue to use linux and Mac OS X as my main systems.

Don: for your information M$ gave me the runaroud for 8 months till I finally said the hell with it and got around WGA for my son's PC.

Posted by: kjb | April 26, 2006 10:20 AM

"Neither the computer you own nor the software you run on it is the property of Microsoft."

Try again. The Windows operating system, along with most of the software available for it, is LICENSED to you, not TRANSFERRED. You "own" only the right to use it, not the software itself. Read the fine print in the manual you received.

I'm not saying I like that little fact, just pointing it out.

Posted by: Todd | April 26, 2006 10:22 AM

"MS allowed their software to be pirated at will. This is how you enter markets. Now that 90% of the world uses it. "

That's right just like a drug dealer. Get them hooked and they HAVE to keep paying you.

Posted by: 1st joint is always free | April 26, 2006 10:23 AM

The software DOES belong to Micro$oft. Check the EULA.

Posted by: Joe Mamma | April 26, 2006 10:27 AM

Windows will always be the property of Microsoft regardless if you use it or not. You never "own" the "software" when you buy it. You buy a license to use it. Microsoft owns Windows and you own a license to use it. Thats the fact.

They have every right to manipulate "windows" any way they see fit even without your full knowledge of it. But they are limited to the software they own. If this anti-piracy software starts looking at everything on your computer, thats a totally different story.

Microsoft has every legal right to install a piece of software that retrieves the license that they leased to you. They have the right to take that license to verify that its authentic. They have the right to press charges on every single person they find not using a valid copy of windows or the person responsible for loading the non-authentic copy.

This is no different then the adobe license system. It periodically checks your serial against their databse and if you arent using a valid serial then the program becomes useless.

People should be lucky that microsoft doesnt make their non-authentic copy of windows un-usuable like what happens when you dont activate in 30 days and that microsoft will still let them download updates.

Posted by: Anonymous | April 26, 2006 10:34 AM

This Notification works like a Virus.
For any updates which are downloaded automatic from Microsoft the user should be ask if he wants to install it or not.
By the way.
Got rid of this WGA notification within 15minutes.
Thanks Linux!
A tip to Microsoft.
IE7 has nice security holes.
I would warn everybody to install IE7.
The Hackers will have really fun to get infos.
Make your Operating system cheaper and you will beat Piracy.
As long MS software is so expensive it will never beat Piracy.

Posted by: Khalid | April 26, 2006 10:35 AM

There's one for Office that overrides your install settings too. Causing all kinds of issues in the business world. I am in IT, and I decide when and what updates to load for compatiblilty issues with specialty software. No longer apparently. Go ahead MS, crash my business.. thanks.

http://www.cio.com/blog_view.html?CID=20572

Posted by: Anonymous | April 26, 2006 10:37 AM

I see the future of a Linux dominated computer society on the horizon.

Posted by: Joe | April 26, 2006 10:38 AM

good thing apple is rolling out to the intel chips. i wonder how long till apple starts monitoring piracy.

Posted by: man | April 26, 2006 10:44 AM

Big Mistake MS. Maybe Billy is not as smart as we think.

http://www.whiptech.com/services.security/

Looks like some new thrash MS documents are in order.

Posted by: Jack | April 26, 2006 10:45 AM

No rights? You must be one of those illegal immigrants.

Posted by: Anonymous | April 26, 2006 10:47 AM

Great article, thanks

Posted by: Donald Burchell | April 26, 2006 10:50 AM

I have an idea! Why doesn't M$ just make Windows XP "unstable" if it is pirated? Oh, wait, that is a standard feature in the OEM version... Sorry.

Posted by: Compromise | April 26, 2006 10:51 AM

Microsoft is making a big mistake here.
Any software which a user install on their system should have right to uninstall it again.
I hope that some people are waking up and bring Microsoft to court.
Users have right!
If somebody decides to use pirated software because windows is so overpriced when I support the decision.
Windows has so many security issues and I can not understand how they get away with it.
If anybody would sell a car with so many issues the car would be banned from the market.
Windows???

Posted by: Tom | April 26, 2006 10:52 AM

"Windows has so many security issues and I can not understand how they get away with it."

Easy, they bought all the politicians in the USA! They have more money than the courts. Nice to see the EU isn't shying away though.

PS if Windoze gave you all it claimed you WOULDN'T have to buy the next version in hope that it would actually live up to it's claims!

Posted by: Money talks | April 26, 2006 10:56 AM

What a surprise! Microsoft has a long history of predatory marketing practices that stifle competition and drive up prices? Their operating systems and Internet Explorer are bloated and filled with security holes. Now this! What's next?

Posted by: Get real | April 26, 2006 11:01 AM

Well stealing is wrong, and I don't think anyone is going to say it's okay to take from Microsoft just because they are a big company. If you do believe that then maybe be can all come to your house and take what we want because you want to sell it for more than its worth. The problem we all face is that Microsoft products are very expensive, and you really have to have them to able to do anything that is compatable with everyone else. Or that is easy to use. I like alot of us tried Linux, and I got sick of commands to do what I used to do with a click. It was like going back in time, and was just not for me. I have 3 PC's on my home network running Windows XP professional, and Office XP professional. This means that I am to spend at least $1200.00 or more every time Microsoft releases the next version of its products. We dont get money back when they release a turds like Windows 95A and Windows ME. There has to be a better way. Computers have become a way of life for us, so I submit to Microsoft that they offer a cheaper alternative OS that is stable and allows the less fortunate a legal place in this digital age.

Posted by: Tom Townsend | April 26, 2006 11:01 AM

Wanda, I believe you are incorrect. I believe Windows is the property of Microsoft and users of it have a license to use it.

Microsoft has every right to have their products purchased, not stolen. The method they are using to check for valid licenses, as described in this article, is, in my opinion, very light-handed. They are NOT stopping your computer from working, they are NOT uninstalling the software, they are NOT suing you, they are NOT even sending you a letter. They are merely popping up a window letting you know you may be using an illegitimate copy of the software.

Get Legal !

Posted by: Mark | April 26, 2006 11:02 AM

Wanda,
The constitution protects you from the Government not Micro$oft. Micro$oft can do whatever they want with the software they produce. Until we do something to stop them, we are at their mercy.

Now if only the software I use would support an alternate OS, I'd love to go away from Windows completely.

Posted by: Kevin | April 26, 2006 11:08 AM

I would love to try UNIX but it isn't going to work well with my other PC's at home and I happen to like gaming. It's not problem learning to use it and I have no doubt that it is a better experience in terms of OpenOffice and all that. But how long am I going to wait for the rest of the world to start coding all the hot apps. i like to use for UNIX?

If all you do is surf the W3 and word processing then UNIX is an option. If you like to tinker and work with (unfortunately) real world issues and problems in I.T. then you have to stick to Windows [insert Ursula: It's sad, but true!]

Please hurry with the software development for UNIX!!!

Posted by: Yeah, but... | April 26, 2006 11:11 AM

Being of a suspious nature I'm wondering if Micrsoft initiated the WGA for other reasons. One posibiity would be that since it would have access to gather information about your computer it would be able to determine how many computers would be eligible for upgrade for new software.

Posted by: George | April 26, 2006 11:13 AM

Security fix???
What is MS Talking about?
They come with WGA.
They Patch WGA!
And now they come with WGA-Notification?
They have to patch their own Patches!!!
THIS IS SUCH AN EMBARRESSMENT!!!
It is sooooo easy to get rid of this notification and still we can download from Microsoft Update.
Wonder when the WGA-notification patch comes out.
A true Business Man would reduce drastically the price of WinXP and
Let the people get on with their life.
Does it really still matter how many people run a Pirated version?
Greed will bring your business to fall.
You will never beat piracy if you don't do sacrifices.

Posted by: John | April 26, 2006 11:17 AM

Maybe it's to spy on us. Who believes Bill isn't in with George on the NSA crap? M$ jiggles the government whenever it wants it. Who would be surprised by the whole thing being a front for data mini