The software giant said a key part of the XCP copy protection system counted as malicious software under the rules it uses to define what Windows should be protected against.

It plans to include detection and removal tools for parts of XCP in its weekly anti-spyware software update.

The news came as Sony BMG suspended production of CDs that use XCP.

Microsoft's decision to label the XCP system spyware was revealed on the corporate blog maintained by the software maker's anti-malware team.

Malware is the generic term for malicious software and includes viruses, spyware and any other program designed to hijack or harm a computer.

Writing in the blog, Jason Garms, one of the senior managers in the anti-malware team, said the XCP software qualified as spyware under the "objective criteria" Microsoft uses to assess potentially malicious programs.

The XCP system is controversial because it uses techniques more often seen in computer viruses to hide itself on users' machines.

Specifically XCP uses a "root-kit" to conceal itself deep inside the Windows operating system.

"Root-kits have a clearly negative impact on not only the security, but also the reliability and performance of their systems," said Mr Garms in the blog entry.

As a result Microsoft will put utilities to find and remove the root-kit in the next update of its anti-spyware software.

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