Brian Johnson of Los Angeles filed suit against Microsoft saying that when Microsoft’s Windows Genuine Advantage anti-piracy software that was, up until recently, “phoning home” user info every day, it met the legal definition of “spyware” because this was being done without the consumers knowledge or consent. Jim Desler, Microsoft Spokesman says “not so” because the WGA tool is not malicious and therefor is not “bad spyware”. He says the suit is baseless.
The WGA can also mistakenly identify a licensed copy of Windows as pirated if its owner transfers it to a new PC or swaps out his old hardware. Because of this issue, the suit claims that the WGA impinges on users’ fair use right. Read more at Seattle PI and Groklaw.
