The company specifically said that it is using an element of the kernel meant to help the OS support older hardware to bypass the feature. The loophole allows the company's tools to infiltrate Vista's kernel hooking driver, and get out, without the OS knowing the difference.
Who needs lawyers and APIs?"
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"Card readers? We don't need no stinking card readers."
-- Peter da Silva (at the National Academy of Sciencies, 1965, in a
particularly vivid fantasy)