Actually, it does not appear at all, "out of thin air." If a Vista Home Premium, or Vista Ultimate based system has a tuner and the user sets it up to download the guide, they'll have received the new items as part of normal updates. If a user had previously used the WMC interface, but had performed only a quick setup - as when a laptop without a tuner, would most often be used, then the user would have to manually configure the system to download updates. Without this action, such a system would not have automatically received access, or be able to see, the new online features.
The above behavior, which I have tested on both a laptop, and a workstation without a tuner, or previous setup, reflected the above behaviors. This suggests that the systems are not designed to download content without set up.
Conversely, a third test system with Vista Ultimate, NTSC and ATSC tuners, which had been set up to download the guide and updates previously, DID automatically receive the new features.
These tests, although informal, strongly suggest that the new features, and updates are only delivered AFTER a user a) elects to use them during set up and b) confirms their acceptance of the terms of service associated with their use. The tests also support the observation that without performing the set up one would not have received the updates - this is enforced by no offer of such updates being observed, or any such updates being reflected in Windows, or Microsoft Updates, or via Windows Vista Ultimate Extras.
Finally, during all tests, of all Windows Vista based systems I am evaluating, I have maintained network, and interface traps which capture all in and out-bound traffic. Analysis of that traffic does not reflect any unknown, or unsolicited in and or out-bound communications from any of the systems and neither WGA, or UAC events were noted during set up. UAC events, alone were noted, at expected points when signed, third party controls were necessary to support the use of select WMC Online features. While not yet conclusive, or finally evaluated, no Vista systems behavior yet observed suggests that Microsoft is inducing the operating system to communicate in an way that is not evident to the user with any remote network host.
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