Windows xp wga validation spyware case d…
On Monday, a US District Court in Seattle dismissed with prejudice a class action case originally brought by Los Angeles native Brian Johnson in the summer of 2006. Johnson’s claim at the time was that, when Windows XP used Microsoft’s Windows Genuine Advantage (WGA) feature to validate his rights to use a newly purchased XP, Microsoft not only employed software not covered by the end-user license agreement, but used it to transmit his personal information to Microsoft against his wishes.His allegation was that XP violated California’s and Washington state’s statutes regarding spyware separate software that transmits personally identifiable data back to a source. Although it took several months for the parties in the suit to simply give the judge permission to declare it over and done with, Johnson’s case actually started falling apart in June 2009.
At that time, Judge Richard A. Jones denied the plaintiffs’ motion for summary judgment. In his denial, Judge Jones found that WGA was a part of Windows XP, not some separate software.
If it had been separate, plaintiffs had argued, a strict interpretation of Microsoft’s EULA should have prevented it from being downloaded. The typical definition of spyware (which may also be part of some states’ legal definition) is that it keeps itself hidden from its user; and the judge maintained WGA not only announces its presence, but is part of Windows XP just like any other component.
But the clincher was the Judge’s declaration that when WGA sends the computer’s IP address to Microsoft’s servers, that’s not sending them personally identifiable information, as plaintiffs alleged. Plaintiffs relied upon a passage from Microsoft’s online glossary at the time, which did count IP addresses as personally identifiable, as the company’s official definition of the phrase. But the judge said that online glossary was not part of the software, citing the company’s defense as trumping its Web site’s glossary.
“Because the EULA does not incorporate the Web glossary by reference, and there is no evidence that any of the Plaintiffs even read the glossary, the court finds that the Web glossary is not helpful to construing the provision,” Judge Jones wrote last June. “Furthermore, the court finds that Microsoft’s interpretation of ‘personally identifiable information,’ in the absence of any definition, is the only reasonable interpretation. 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. Thus, because an IP address is not personally identifiable, Microsoft did not breach the EULA when it collected IP addresses.
you never listed if you are using a mac or pc. there are countless other options if you are using a pc! i allow messages if you want more info...i can really help you to get started. i've been to audio/tv production school! i also, produce radio commercials for a few local businesses. a quick note - if you do have a mac, then pro tools IS the way to go it's pretty easy but there are easier (and cheaper) apps for PC.
ProTools is a very high-end software that is used in most state-of-the-art recording studios. If you are a bit challenged, it may be a better use of your resources to start a few notches below. This does not mean that the quality of your product needs to be significantly diminished, but rather, provide you with software that can ultimately lead you to a better understanding of ProTools for a future purchase. Briefly, ProTools allows the user to record many tracks of MIDI and Analog files, and incorporates many of the compression and processing features one would need in a recording setting. Depending on your outboard gear (synthesizers, plug-ins, sound banks, etc), you can pretty much create anything. If this is what you want to do, then I would recommend this for starters: Digital Performer (Mark of the Unicorn) can record several tracks (it may also provide you with plug-ins for a sound bank for MIDI tracks) as well as record analog (voice or acoustic instrument). There are also plug-ins for sound processing such as factory set compression (however, you can create and/or modify your own), reverb, etc., but you can also get external boxes (a Lexicon, eg.,) to process your tracks as well. The beautiful thing about ProTools is that it combines all of these features, but if you have a limited knowledge or understanding about these processes, then you would be putting the proverbial cart before the horse. If you have the time to spare, see if there is a studio in your area that would allow you to sit in on a few sessions. You would have to be disciplined to stay quiet and not interfere, but once you have established this trust with the proprietors, you may start to learn a little bit more about recording with this great program. As for manuals, there are many industry rags out there: Go to a music store and look at the racks. You will surely find several. In addition, there are hundreds of online discussion groups for this subject that can be very enlightening, but it sounds like you're going to need some experience upon which to hang some of this stuff. I should mention that Dig. Performer is compatible with Macs. I do not believe there is a pc version. This may also be true for ProTools, but on this, I am not sure. Ultimately, a computer is the way to go because of the editing capabilities offered. You will have specific control over every element of your recording process - even pitch changing a voice that is a tad flat. Good Luck~
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