Court dismisses long-running WGA 'spyware' suit vs. Microsoft |
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Court dismisses long-running WGA 'spyware' suit vs. Microsoft
Three-and-a-half years after the suit was filed, a federal judge in Seattle has dismissed a case that alleged Microsoft's distribution of anti-piracy detection technology to Windows users through its Automatic Update system amounted to spreading spyware. Both sides requested the dismissal after a series of rulings against the plaintiffs -- including the rejection of their proposed class-action claims.
Although the outcome was technically a settlement, sources said Microsoft wasn't required to pay any money to the plaintiffs or their lawyers as part of the dismissal.
[Follow-up: Coming soon from Microsoft: New Windows 7 piracy check]
The situation created a big dust-up in 2006, after computer users noticed that the WGA tool was making daily contact with Microsoft's servers without their knowledge, even if their software was valid. Microsoft has made a series of changes in the anti-piracy tools, and rebranded them "Windows Activation Technologies."
One of the key rulings in the case was U.S. District Court Judge Richard Jones' decision that WGA's collection of a user's IP address didn't violate the terms of a licensing agreement that promised not to transmit "personally identifiable information" without the user's consent.
"In order for 'personally identifiable information” to be personally identifiable, it must identify a person. But an IP address identifies a computer, and can do that only after matching the IP address to a list of a particular Internet service provider’s subscribers," the judge wrote. "Thus, because an IP address is not personally identifiable, Microsoft did not breach the EULA when it collected IP addresses."
We've left a couple messages but haven't yet been able to get in touch with the plaintiffs' attorneys.
In a statement today, Microsoft spokesman Kevin Kutz said, “This case has been dismissed, and we are pleased it was resolved successfully.”
About Todd Bishop
Todd Bishop is co-founder and managing editor of TechFlash. He has covered Microsoft and the technology industry for more than five years, most recently as a daily newspaper reporter and blogger based in Seattle.
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