Jump to content

Woman Wins $10,000 Judgment Against Microsoft For Pushing Windows 10 Updates


vissha

Recommended Posts

Woman Wins $10,000 Judgment Against Microsoft For Pushing Windows 10 Updates

 

win10-upgrade-ready.jpg

 

Microsoft loses $10,000 judgment against a woman in a forced Windows 10 upgrade case

 

From the time Microsoft introduced its new operating system, Windows 10 in July last year, the company has been condemned for its forceful campaign to get people to install the new operating system. Currently, the PC users just have about a month left to upgrade to Windows 10 with the free upgrade expiring on July 29.

 

However, it appears like that at least one customer took the fight to court and won a small judgment against Microsoft for how it installed its latest operating system.

 

teri_goldstein.jpg

 

Teri Goldstein, of Sausalito, California, sued Microsoft after a failed Windows 10 upgrade left her system performing poorly, prone to crashing, and apparently unusable for multiple days, reports The Seattle Times.

 

“I had never heard of Windows 10,” Goldstein said. “Nobody ever asked me if I wanted to update.” She said that she never authorized any updates.

 

Goldstein reached out to Microsoft customer service to attempt to resolve her issues. However, when Microsoft’s customer support didn’t fix the issue, she took the software giant to court, seeking compensation of $10,000 for lost wages and the cost of a new computer.

 

Last month, Microsoft had appealed the initial judgment but dropped that appeal. As a result, Goldstein won and collected a $10,000 judgment from the company. A spokesperson for the company told the Seattle Times that it denied any misconduct and had dropped the appeal to prevent the additional expenditure of further litigation.

 

Goldstein’s experience is an extreme example of the consequences of Microsoft’s forceful campaign to get people to use Windows 10, the newest version of the universal personal-computer operating system.

 

The frequent changes to Windows 10’s upgrade policy, obligatory telemetry collection, and decisions to kill off patch notes and make all updates mandatory (plus the issues with UWP and gaming) have collectively left a bad taste in many users’ mouths. While the Windows 10 giveaway was a great idea, but the entire process of dragging people into upgrading their OS rather than giving them choice to switch is uncalled for.

 

On the other hand, Microsoft says it offers users a choice to update, not a requirement. The company says before the installation, people have to acknowledge a dialogue box, and agree to a license agreement afterward to receive Windows 10.

 

It further adds that those who don’t like the new software have 31 days afterward to roll back to their previous version, and free customer support is available to those who run into trouble.

 

“We’re continuing to listen to customer feedback and evolve the upgrade experience based on their feedback,” Microsoft said in a statement.

 

With just over a month to go until it officially stops offering free upgrades to Windows 10, Microsoft has yet to move from its stance that once the one-year mark is over, the company will no longer offer a free upgrade to consumers.

 

Currently, Windows 10 Home is $119, while Windows 10 Pro is $199. Prices are identical between the downloadable and USB versions of the operating system. However, Microsoft hasn’t specified how it will price upgrades after the free offer has expired.

 

Source-1

Source-2

Source-3

Source-4

Source-5

 

:guns::tank::duh:I hope many others would be encouraged :party: to go legal against Microsoft soon. It'll be a hell for $h*t Microsoft.:spank::chair::guns::tank:

Link to comment
Share on other sites


  • Replies 16
  • Views 1.6k
  • Created
  • Last Reply
Akaneharuka

 

Quote

“We’re continuing to listen to customer feedback and evolve the upgrade experience based on their feedback,” Microsoft said in a statement.

 

Evolve the upgrade experience by force the update ? :wtf:

Link to comment
Share on other sites


Good, finally a win for the good guy. I hope this takes notice and others will follow.

 

 

Link to comment
Share on other sites


Hopefully some lawyer somewhere will think of launching a class action. Microsoft needs to be held to account for its unconscionable conduct.

Link to comment
Share on other sites


Maybe if all you haters sue Microsoft and they stop making windows and you will have no choice but to use Apple or Open Source .  The world today is sue happy , I had a friend that gave someone a ride and they sue him because he wreaked . Lol, 1 person out of 1,5 billion users sued them its going take much more people to ever effect Microsoft . Bill Gates donates way more than this to charity all the time, he just gives it away. 10k  may sound like a lot to you, but it's nothing to them . They could close forever and Bill Gates is still the richest man on earth . :P

 

They done gave away over 300 million copies of Windows 10,   Windows 10 Home is $119, while Windows 10 Pro is $199. whats another 10k ?  but they got you by the balls  if you ever plain to upgrade windows again after July 29th.. You ether have to  pirate it (if they don't figure out a way to stop it ) , or you pay over 100 dollars . No  more $50 like Windows 7. Also In Nov 2016  they stop selling new copies of Windows 8.1 or Windows 7.

Link to comment
Share on other sites


4 hours ago, humble3d said:

Microsoft should give everyone 10K to upgrade...  :P   :lol:

I wish it was a class action suit and everyone that joined the suit got like $8K after the attorneys & court fees.  That would teach them to say please and thank you and not be such corporate bullies.:angry:

Link to comment
Share on other sites


2 hours ago, steven36 said:

Maybe if all you haters sue Microsoft and they stop making windows and you will have no choice but to use Apple or Open Source .

 

I agree 100% that the world needs Microsoft as an alternative. Choice is paramount, and the more, the better. :)

 

And for the record, I don't hate Microsoft. I hate their unethical and immoral Windows 10 upgrade "encouragement".

 

Neither do I hate Windows 10, I can separate Windows 10 (the product) from the people (the decision makers) within Microsoft who need to be held to account.

 

Heck... Windows 10 is on my new Skylake box that will serve me for the next 4-5 years. The main criticisms I have about Windows 10 (the product) are that (IMO) it was immature when it rolled out, the inherent problems with cumulative and forced updates, and Microsoft's too heavy focus on cosmetic tweaks rather than the more important issues.

 

2 hours ago, steven36 said:

10k  may sound like a lot to you, but it's nothing to them .

 

 Exactly... and  (say) a few 1,000's each getting $10K from them, not to mention the resulting adverse publicity, would be an ample "fine". :)

Link to comment
Share on other sites


1 hour ago, davmil said:

I wish it was a class action suit and everyone that joined the suit got like $8K after the attorneys & court fees.  That would teach them to say please and thank you and not be such corporate bullies.:angry:

More like 5k, the lawyers most likely  got half of it then you have to pay taxes on it . Microsoft profits  are exempt  from Taxes  all stored in offshore  banks . Only the Middle Class and Poor that's not exempt from taxes . Laws are on the rich persons side.  Most people have lives and jobs and there's a big  chance you would lose  in court and it would end up costing you money and wasted time . I doubt many people is as  daring as this woman was . 

 

Class action suit  were a lot is at stake Microsoft would push it to the supreme court.  they  would be in court for years and in the end all you did was get some lawyer more rich. if  you was to win you  will only get 5k for years of court and if you lose  you have to pay , it don't sound  good too me. all over  some software code  you can't touch or fell , that if you was not a noob  it could not upgrade too unless you was willing  ,the world is really wacko now days  . :)

 

Microsoft been in court with the  DOJ since 2013 this time around . Not there 1st rodeo ether. 

Link to comment
Share on other sites


  This woman obviously didn't know how to work on PC, s just like so many noobs  , she  should of never went online to get help no way .she should of took it to someone who could fix it  in real life . Microsoft support is not real support there not going to fix you're  PC via team viewer or something . If you don't know much about PCs  you're just Screwed . 

 

Quote

An arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always binds the parties to a type of resolution outside of the courts, and is therefore considered a kind of forum selection clause.

 

When you use  Windows you  agree to this,

 

 

The fact was Microsoft didn't send a lawyer they sent  a  store salesman instead it was just small claims court  .A real lawyer would had argued the binding arbitration clause.  (Users of technology have no rights.) I bet you they send a real lawyer next time and I doubt you would win because  you have no rights really if they want to push it . The  reason they didn't  keep fighting was not because they could not  afford it  it's to save them from getting further bad press is all . They done this poor woman a favor really :P

 
Link to comment
Share on other sites


Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...