July 02, 2009

Is this XP user a thief or a customer?

A year after Microsoft assured this reader his copy of XP was legitimate, the company changed its mind

William didn't think he was buying a pirated copy of Windows XP Pro and he took the right measures to ensure that his copy was valid. Despite his best efforts, an illegitimate copy seems to be what he has.

"In April of 2007," he writes, "I bought a copy of Windows XP Pro from an online company. Always suspicious, I checked it out with Microsoft Genuine Advantage Tools, which pronounced it legal and legitimate. There were no qualifications, caveats or other warnings with the validation."

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All went well with this operating system for over a year. Then, one day, he got a message announcing his copy of XP was legal no more. "One week I have a legitimate copy and the next I don't," he says. "If Microsoft declared my copy legal in 2007, it should stay legal. Why is this such a wishy-washy situation? Now I can't get updates and if I have to reinstall the operating system, I won't be able to."

Naturally, William called Microsoft technical support to get this sorted out. "In a great show of magnanimity," he says, "Microsoft offered to sell me a kit to solve all my problems for $149. I was so frustrated that I felt like exploding in anger or sitting down and crying, all in the same phone call. The supervisor I talked to said she would file a customer complaint, but I expected more from Microsoft."

William is carrying on with his now-illegitimate version of XP Pro, but he is not happy about it. In fact, he feels he has been treated very shabbily.

"If they had asked for a nominal fee of $25," he says, "I would have ponied up to avoid the hassles and difficulties that are sure to come. At that price, I wouldn't have felt so violated by Microsoft's false validation of my copy of Windows XP Pro."

Got gripes? Send them to christina_tynan-wood@infoworld.com.

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KEN 2-Jul-09 8:35am
Like the free virus protection Microsoft will offer this month they will eventually have to develop a method to bring pirate copies like this one into the system with out penalizing the user who checked to be sure it was a real copy. Like all giants however, it could take a thousand arrows in the eye before they notice a real problem.
ijusth 2-Jul-09 8:41am
1 reply
two things I would look into. First if you know the name of the vendor who sold you the copy you may very well have recourse with them. If they are out of the state you can contact that state's attorney general or threaten them with interstate shipment of known illegal goods. Second you can inform Microsoft that their own product claimed that what you owned was legal (any proof like a printout of that acceptance page would be GOLDEN) and that what they are doing now is fruad and that you will take them to small claims court for the $149. That is the type of case that you can likely get support from the various electronic foundation legal funds and organizations. Good luck.
tcapun 2-Jul-09 4:45pm
wow, both sweetness and light in the same paragraph...

Clearly, you haven't bought much software online or you'd know that with a few exceptions they disappear readily, their actual locations are rarely known and the only way you can guaranteedly get your money back is by doing a chargeback on your credit card.

The other solutions, like "attorney general" are a desperate untried rambling. AG's don't get involved in petty cash transactions or purchase problems with one person, it's big amounts and lots of victims only, please.

Your suggestion to "Inform Microsoft", makes me believe you may not have even read the article. Who do you think William was talking to? Of course he told them he got screwed!

Small claims court for $149? That might be good advice if William makes about $3 per hour, otherwise it's an incredible waste of time and consequently, money.

The real issue here is Microsoft's MICKEY MOUSE validation scheme. (My apologies to Walt.)

Having been through that maze on several machines in every version of windows O/S after 3.11, I can categorically state that it can go wrong just as easily as it can go right. (For you bright ones, no, I'm not on drugs and yes, I do know that the validation circus started much later. When you have to test software for all environments and versions and use things like VMware, you discover, firsthand the foibles of Microsoft's authentication scenarios.)

Here's the proof. When it goes wrong, Microsoft provides a validation telephone number you can call with operators standing by 24/7.

Why are they standing by? Because they know better than anyone just how wrong it can go.
ctryon 2-Jul-09 10:02am
1 reply
OK.... so did anyone figure out WHY Microsoft suddenly decided that this person is a pirate? While I don't agree with how MS sometimes triggers badness based on hardware upgrades, I at least can understand the technical reasons for why this happens. In this case it doesn't even sound like there was a hardware change. What are we missing, and what is the likelihood that this same thing will happen to one of us?
MorrisNTex 2-Jul-09 12:17pm
That's one of the Gotcha's with the WGA, each time that they try to SNEAK it in with Wondoze updates and and each time there is a flood of legal copies of Winders all of a sudden declared "pirate". Even Dell, HP and other whitebox computers with fully legal OEM licenses and the machines hardware have never been upgraded in any form or fashion all of a sudden start claiming the user has a "pirated" copy of Windblows.
mysticturner 2-Jul-09 11:11am
I'm wondering how Microsoft would've reacted if he'd asked, "Well since you've made me now illegal, can you assist me in upgrading this system to Linux? I've never done it, but I hear there's something called Ubuntu...."
nlippincott 2-Jul-09 11:22am
The whole licensing issue can be solved by, as mysticturner puts it, "upgrading... to Linux". Unless you're a serious gamer, I don't see any reason to put up with that faulty licensing nonsense. I was a dual-boot user for several years until about 5+ years ago when I had a similar, unsatisfactory encounter with Microsoft tech support. I decided to move to Linux 100%, and I never looked back. Having used several different Linux distributions over the years, I'm more productive, my system run without problems, and it runs significantly faster than equal hardware running XP. Try Ubuntu for a serious, no-nonsense computing experience.
mikemac4344 2-Jul-09 11:27am
Assuming the copy of XP is pirated, I'd guess that the Genuine Windows tool installed with the OS was hacked. The copy could well be legit and the tool wrong. MS has so thoroughly screwed up their OS that the benefit of the doubt should go to the customer. $149 to correct what may well be the fault of the idiots in Redmond is lunacy. Charge a NOMINAL fee to send out a legit copy and get a customer for life.
drinksoymilk 2-Jul-09 11:43am
Regrettably and unwittingly, the individual purchased an illegal copy of Windows XP. While using Genuine Advantage can be useful for spotting illegal copies of Windows, as it eventually did here, it ultimately comes down to the consumer to ensure he/she is purchasing products from a reputable retailer. Had the customer recourse with the retailer, this would have been a non-issue (perhaps other than reinstalling Windows). My guess is the disk this customer purchased did contain a copy of a legitimate Windows XP CD with an initially valid key. However, it was just a matter of time when that key would be determined to not be legitimate (perhaps because it also was included with several hundred other copies of the disk). I cannot see any software vendor being held responsible for this type of fraud. However, I can certainly sympathize with the customer.
RandyMorris 2-Jul-09 12:04pm
I pay my fair share for legal software but when the company is not doing the right thing (for whatever reason), I put the rules and ethics aside and just make it right. If this was my personal machine (not work) I would just find a non virus infected copy of a key generator and use it. You will have to call the "activation hotline" number to get the key to work but just have no fear, if you are persistent, they will ok you.
rdhalste 2-Jul-09 12:25pm
When you can purchase an OEM copy of XP Pro for notably less than $149 charging that much due to a bogus program is lunacy. Windows Genuine Advantage is updated regularly. My *guess* is that program became corrupted and found that the Windows copy was not legit. It would be interesting to know if he had recently updated any software. Corrupted programs on PCs is not uncommon at all. Program conflicts which are quite common can also corrupt. Based on that history of the program having been listed as legit, MS should be held to that and the program recertified or replaced "without charge" IOW if it was once called legit by MS then it should still be legit and MS should support it.
vonskippy 2-Jul-09 4:16pm
Not enough details. Who did he purchase his copy of Xp from, and what did it cost? If you search online for XP-Home and pretty much everyone sells it for $89-99 and then you find it for $39 you'd think most peoples BS detectors would go off.
BigRonG 3-Jul-09 7:50am

MS is famous for their 'revenue enhancing' mis-identifications. Corporate licensees bought 10s of thousands of licenses. To enforce their hold on these corporations, MS revoked all corporate mass purchase licenses and required the corporations to recertify all their machines. Since they often lost track of who had what, these companies often had to repuchase licenses to legitimize their machines. When they did not (or could not afford to), MS encouraged disgruntled employees to 'turn in' their employers and promised financial rewards when they did. When you place yourself in the charge of someone who wields an 'iron hand', you shouldn't be surprised that a simple slap of reprimand can break bones.

spudly 6-Jul-09 7:47am
Not sure about this but could the user do a System Restore to the point before the newest WGA update?
SteveR. 7-Jul-09 11:17am

An aspect of this whole issue is that many companies change their EULA or Terms of Service at their will and without real notice. Companies also don't disclose many onerous practices, Sony rootkit as an example. Consequently, we don't know when we run afoul of their "revenue enhancement" efforts. Hopefully publicly exposing these abusive practices will prompt some companies end these abusive practices.

JustAUser 8-Jul-09 7:53am
Issues like this are what drove me to upgrade to Linux and to go to Mac when it was time to upgrade my wife's computer. Linux still has some sharp edges, but I know that it won't suddenly decide that I am no longer a legitimate user. OpenOffice is a reasonable substitute for the MS Office Suite and runs on Linux, Windows, and Mac. The user interface is more rational than the new ribbon interface in Office 2007 and doesn't take as long to retrain oneself to use. I don't feel like I've given up anything and do feel a great sense of freedom from the corporate giant and its endless cycle of upgrades.

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