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23 Oct 2008
Microsoft is facing a court case in China over its moves to stop computer users stealing its software.
In August Microsoft introduced a new feature to its Windows Genuine Advantage (WGA) software that turned the wallpaper of computers using a pirated version of Windows XP Pro black every 60 minutes and displayed a message that the software was pirated.
The feature has now been rolled out to Chinese users and has caused a storm, and a legal challenge from Beijing lawyer Dong Zhengwei, according to Chinese state media.
The complaint describes Microsoft as "the biggest hacker in China with its intrusion into users' computer systems without their agreement or any judicial authority".
"Microsoft's measure will cause serious functional damage to users' computers and, according to China's Criminal Law, the company can stand accused of breaching and hacking into [the] computer systems of Chinese [users]," it added.
Chen Chong, director of the China Software Industry Association (CSIA), said: "I respect the right of Microsoft to protect its intellectual property but it is taking on the wrong target with wrong measures.
"[Microsoft's move] is very bad and the whole industry in China must take it seriously."
The CSIA is to take action against Microsoft over the WGA software, which is downloaded by Windows computers when they install updates.
China has one of the highest piracy rates in the world, with an estimated 82 per cent of systems running pirated code, according to the Business Software Alliance.
Fang Xingdong, an internet analyst and president of research company Chinalabs.com, predicted more problems ahead for Microsoft and the WGA programme.
"Microsoft is manipulating our computers through the WGA and it will affect our use of computers," he said.
"The company should stop the action immediately and do some constructive things, such as lowering the price of its software and changing its business models."
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Do you agree?
Let's fry 'em
In cases when both parties have some misconducts, it is easy to get confused and miss the point. This is not about Microsoft, or China, or even piracy. Microsoft has all the freedom (and power) to lawfully sue the pirates and press Chinese government for piracy but they have no right to secretly sneak damaging program into people's computer. If someone stole your computer and the guy had the nerve to come back to you asking for, say, a part replacement, you should go to the police or simply reject it, not installing him one that would electrocute him. (Okay, it sounds much more fun... if your are 12 years old jevenile! For a corporation such as Microsoft, it is outrageous).
Posted by: clarissa 31 Oct 2008
Bigger Balls Than Mine
Let me get this straight. Here you have a large group of people using pirated software and they are saying it's Microsoft's fault that it's not working. Also the reason it's not working is because they uploaded updates that contained the DMR. Hmm...That's like me stealing someone's TV and sueing them because I couldn't watch the game on Sunday because the picture tube went out. Don't get wrong, I'm not a big fan of Microsoft but I do side with them on this one.
Posted by: Boxersbear 29 Oct 2008
Unbelievable's Comment
Whilst I don't give a rat's tail for M$ I must say that "Unbelievable" has an interesting comment about pushbikes. If you were to tinker with a bike that would cause someone an injury & it was stolen & did so you may find yourself in court under litigation & you would possibly wind up paying out a lot of money. You are not allowed to set physical traps that can injure someone. Not in most countries anyway.
Posted by: Rex Alfie Lee 25 Oct 2008
Microsoft is the problem
It's easy to say this is shocking but what if a big company spies under a different legal title? For a company to "backdoor" its product (which is the whole point of this case) and then cause trouble it's like your bank manager cutting off your utilities and sending round some ruffians to stand at your door holding you to ransom until you get up to date in your mortgage repayments. The law in a different country does not have to conform to law in another country. China has strict laws for dealing with pirates who get caught and for an American company to upload information to its servers about users without knowledge is being challenged by the EU as well. Linux is a better OS anyway but because of Microsoft's holding to ransom of campanies they cannot afford to support other OS providers. So Microsoft cannot put itself accross as the victim it is the cause of it's own problem
Posted by: john 25 Oct 2008
That's funny.
This coming from a government that hosts hacking competitions that routinely target American servers.
Posted by: Dan 24 Oct 2008
Unbelievable
I can't believe that someone's antipiracy scheme is being sued. That's like saying I locked up my bike from use and if someone tries to steal it the wheels come off, then they sue me for their being hurt. This makes no sense. .... China, if you want to use microsoft windows, pay for it. You're paying a LOT less than other people in the world, and blaming microsoft for your own actions is just stupid. When you pirate, you expect problems, and you deal with them on your own without technical support. If you want to keep your computers secure, don't expect microsoft to pay for you to keep your pirated copies compliant. Why don't I walk into a store and steal something, and when it breaks, go in and complain about the crappy product? .... Unbelievable how stupid this is!
Posted by: intelceleron11 24 Oct 2008
Just Wow
They are kidding right? Lets skip complaining to the people who sold you the bogus programs/systems and go right to Microsoft, who had no hand in if you bought pirated software or not.
Posted by: Killorg 23 Oct 2008
What can you expect?
Well, when the chinese government wont crack down on piracy, its up to the individual companies to put an end to it with DRM. Just look at how other software companies do the work. Microsoft's method is tame by comparison. Atleast Microsoft will allow the user to continue using the OS, rather than shutting down the computer that it is installed on. Besides, if the chinese government is really that worried about Microsoft "Hacking" their systems, all they have to do is extend the great firewall of china a little bit further.
Posted by: Tyler 23 Oct 2008
Fading to black
I like the sound of 82% of Chinese windows computers fading to black every hour. Piracy is piracy; whoever, whayever and wherever you are.
Posted by: David Elliott 23 Oct 2008