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Microsoft Sued Again over Forced Windows 10 Upgrades


tomm

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Microsoft is getting ready to end the free upgrade promo for Windows 10, but its aggressive campaign to move users to the new operating system is now causing trouble to the company, as more users are seeking class-action lawsuits because of the forced upgrades.

 

microsoft-sued-again-for-forced-windows-

 

The software giant has recently been hit with two new lawsuits, one in Florida, the United States, and another one in Haifa, Israel, both for the way Windows 10 was pushed on users' computers.

 

The Seattle Times writes that three Florida men filed a lawsuit against Microsoft in the US District Court in Florida, claiming that the Windows 10 upgrade prompts "violated lawsgoverning unsolicited electronic advertisements, as well as Federal Trade Commission prohibitions on deceptive and unfair practices."

 

Additionally, another lawsuit filed in Israel accuses Microsoft of installing Windows 10 on users' computers without their consent, which is violating the Israeli computer law. It's not known how many users are part of this lawsuit, but the source claims that the plaintiffs are seeking class-action status.

 

Microsoft: We'll win in court

 

Microsoft has already issued a statement following these lawsuits and has said that it's confident it'll win in court, adding that the plaintiffs' claims are without merit.

 

This isn't the first time when Microsoft is sued for the way Windows 10 upgrades were pushed on users' computers, as a business owner recently brought the company to court because her computer was upgraded to the new OS without her consent.

 

Microsoft agreed to settle the case, but this time, it's trying a different strategy and wants to fight all claims in courts, as it's very clear that the company could be hit with a plethora of similar lawsuits should it agree to settle each of them.

 

In the meantime, those who want to upgrade to Windows 10 still have approximately one day left to make the switch without paying a single cent. Any upgrade beyond July 29 will cost at least $119.99 for the Home version of Windows 10.

 

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I really enjoyed Mshit getting sued... Even if the upgrade lasted for a lifetime i still wouldn't upgrade! They can shove it!

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I think  people  who  cant stop windows 10 from installing on Windows 7 or Windows 8.1 are noobs and  they really show there lack of intelligence about PCs. I'm going laugh when they lose  .  I used Windows 8.1  tell i felt like using windows 10  without any trouble . Also i still have 2 pcs on my network that have Windows 7  and 2 with windows 10  the only reason i have windows 10 is because i installed it from an ISO  :P

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1 hour ago, steven36 said:

I think  people  who  cant stop windows 10 from installing on Windows 7 or Windows 8.1 are noobs and  they really show there lack of intelligence about PCs. I'm going laugh when they lose  .  I used Windows 8.1  tell i felt like using windows 10  without any trouble . Also i still have 2 pcs on my network that have Windows 7  and 2 with windows 10  the only reason i have windows 10 is because i installed it from an ISO  :P


Yes most people who use computers a noobs, so what? The only way to stop it installing is so manually find and remove and put a string of windows updates on the blacklist, and you have to either look on forums or search those KB numbers manually to find out what updates do what because Microsoft refuse to tell you.

I've had it myself, you tell it to do an update (and make sure to untick the windows 10 update) and it downloads Windows 10 update anyway even if it doesn't install it, the updater is a buggy piece of shit.

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15 minutes ago, edwardecl said:



I've had it myself, you tell it to do an update (and make sure to untick the windows 10 update) and it downloads Windows 10 update anyway even if it doesn't install it, the updater is a buggy piece of shit.

Never had this problem i turned updates off  ran a batch to remove get windows 10 updates , and every patch Tuesday i installed all updates but get windows 10 updates i hid those . 2 different PCs  for months .  The problem was not the updater it don't got a brain only you do . The problem is you trusted Microsoft  too much were Ive never really trusted them I used XP Antispy back the early 2000s even..So that was of you're own making. Don't trust no one and pay attention.

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No-one is being forced, it's a reminder now and you have an option of 'no thanks don't remind me again'.

 

29th July 2016 is the end date, however I can feel it in my water works that it will be extended.

 

I don't like Windows eight (8) or ten (10), I luv seven (7).

 

I am going to be one of those 'still got XP installed and used' end users in the day.

 

M$ should just produce a new operating system built on XP and Seven (7) and they call it eleven (11) and I might upgrade.

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You will be sitting  on Windows 7 with no more updates before that happens ,  Shell Shock  and  about 1000 more other vulnerabilities are present in XP . 

Windows 7  is good  for updates for about 3 1/2 more years   so  if you don't like  the way Microsoft is headed  you need too use something besides Windows .

Bill Gates and Steve Ballmer's Microsoft is gone . You can sit and wish the  present and future  will reverse  it''s self,  it will never happen . All you doing is wishing you're life away. :)

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Microsoft probably expected to settle some lawsuits but the benefits were expected to be much greater value than costs of legalities.

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What about forcing updates in Win10...........:unsure:

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2 hours ago, mikie said:

Microsoft probably expected to settle some lawsuits

but the benefits were expected to be much greater value than costs of legalities.

Spot on! :dance2:

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Woody's take...

Lawsuits filed in Florida and Israel against Microsoft seek class-action status

It was bound to happen. Matt Day at The Seattle Times reported this week that two lawsuits have been filed against Microsoft over the ongoing Get Windows 10 controversy. A lawsuit in Florida cites unsolicited electronic advertisement laws, as well as deceptive and unfair trade practices. The other, filed in Israel, says Microsoft installed unwanted software without users' consent.

 

Both lawsuits are applying for class-action status.

 

The Al Khafaji et al v. Microsoft Corporation case, 0:16cv61763 filed July 22 in Florida Southern District Court, has been assigned to Judge Bill Zloch, who has been on the Southern District bench for more than 30 years. The plaintiff's attorney, Richard G Chosid, is located in Boca Raton, Florida. The law firm's Facebook page lists Chosid as a real estate lawyer.

 

Those of you who have been following my reports on this topic since last March know that I consider the Get Windows 10 campaign to be one of the lowest points in Microsoft's history. Deceptive? Certainly. Unwanted? Obviously. Destructive for Microsoft's reputation? Deservedly.

 

But whether the upgrades were "forced" is largely a matter of semantics.

 

Those who have Windows Automatic Update turned on and have ticked the box "Check for updates but let me choose whether to download and install them" -- both of which are default settings -- have had Windows 10 upgrades triggered automatically many times over the past 12 months. Sometimes Microsoft warned users about the sudden updating behavior, sometimes it "forgot."

 

But as best I can tell, the upgrades have always been accompanied by an End User License Agreement that must be accepted before the upgrade will complete. Some of those EULAs obviously warn users they're accepting an upgrade to Windows 10. Many (as seen in this screenshot taken March 13) do not.

 

windows 10 eula

 

I don't know how the lawsuit will fare in Florida, but if the one in Israel hinges on the phrase "without the user's consent," it'll be considerably more difficult to pursue.

 

At least one judge in the United States has already ruled that Microsoft overstepped its bounds with its Get Windows 10 campaign. Many of you may recall Teri Goldstein, the travel agent in Sausalito, California, who won a $10,000 settlement from Microsoft in small-claims court over the upgrade. She has gone on to write a book about her experience, "Winning Against Windows 10: How I Fought Microsoft and Won," which is available on Kindle.

 

I must hark back to the promise made by Windows honcho Terry Myerson last October: "You can specify that you no longer want to receive notifications of the Windows 10 upgrade through the Windows 7 or Windows 8.1 settings pages."

 

We've been through a lot of permutations of having Windows 10 rammed down our throats over the past 10 months, but we didn't get a real "off" switch until a couple weeks ago -- so much for promises.

 

Source: The Get Windows 10 campaign will see its day in court (InfoWorld - Woody Leonhard)

 

InfoWorld - Woody on Windows

 

AskWoody.com - Woody Leonhard's no-bull news, tips and help for Windows and Office

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