tao Posted February 20, 2018 Share Posted February 20, 2018 According to a formal complaint filed last week on February 14, Frank K. Dickman Jr. of Albuquerque, New Mexico, is accusing Microsoft because of a brute forced Windows 10 upgrade. “I own an ASUS 54L laptop machine which has an OEM license for Windows Version 7,” Dickman’s case reads. “The machine was upgraded to Windows Version 10 and grew non-functional immediately. The upgrade removed the cached, or backup, version of Windows 7.” Dickman states that the laptop’s genuine OEM vendor is “irresponsible,” hence, he cannot obtain a valid copy of Windows 7 to downgrade his laptop. Attempts to reach a new Windows 7 account from Microsoft have failed, per the plaintiff’s claim. “Microsoft Corporation protests to replace their licensed Operating system for this laptop and requires that the machine vendor replace it,” the lawsuit reads. Dickman wants Microsoft to provide a “the OEM version of its Windows 7 operating system” for download via its standard website so he can download and install it on his bricked laptop. The angry plaintiff wants the authority to force Microsoft to comply with his request in 30 days or pay up $600 million in damages albeit the judge may evaluate the damages as $6 billion due to a redaction error, as the charge reads “$6,000,000,000.00.” Dickman’s legal effort may fall flat on its face, but he’s not the only one suing the company. In March 2017, various users filed a lawsuit seeking class-action status against Microsoft, also soliciting monetary damages after admitting botched Windows7-to-Windows10 forced grades that left many unable to use their computers. Microsoft’s controversial forced Windows 10 upgrade practice has also gotten the company in trouble with German authorities, but the company withdrew any penalties after it reached an agreement to stop forced upgrades. < Here > Link to comment Share on other sites More sharing options...
bubbada Posted February 22, 2018 Share Posted February 22, 2018 Quote Microsoft’s controversial forced Windows 10 upgrade practice has also gotten the company in trouble with German authorities, but the company withdrew any penalties after it reached an agreement to stop forced upgrades. Well obviously it hasn't stopped m$oft using forced updates upon the people, i hope he them. Link to comment Share on other sites More sharing options...
pc71520 Posted February 22, 2018 Share Posted February 22, 2018 Good luck, Dickman. Link to comment Share on other sites More sharing options...
steven36 Posted February 23, 2018 Share Posted February 23, 2018 I thought back when they made Windows 7 they put a sticker on the machine with the oem key ? You can still download Windows 7 off the Internet even if its not from Microsoft the Internet archive have all version of old windows for download lol . Windows 8.1 can be activated by pulling the OEM key out of the BIOS even, this was after they stop shipping PCs with there keys on the case. I upgraded to Windows 10 and put Windows 8.1 back in using this trick a year latter lol. Even if he don't have a key it's not Microsoft's problem if the PC don't come with a key they came with a option to make back up DVD or 6 generation or lower Dells even came with OEM DVD from the vendor . Even my old SYX Vista PC came with a OEM Disc and Microsoft sent me a DVD with a Windows 7 key for free for it. Even if Microsoft some how forced upgraded you're PC witch you would have to be able to prove , they gave Windows 7 and 8.1 users so many days to roll back . I know this because I upgraded my old SYX with a windows 10 DVD and rolled back to Windows 7 without a DVD and it still has Windows 7 on it now. If you didn't like Windows 10 . or they force upgraded you , it looks like that would of been the 1st thing you done was roll back? Link to comment Share on other sites More sharing options...
virge Posted February 23, 2018 Share Posted February 23, 2018 Dickman failed to realize the EULA agreement says somewhere in there Microsoft has the right to upgrade your software at any time it wants, same with Apple. No one reads the long EULA, but i am betting he will not win. Windows 10/7 EULA https://www.microsoft.com/en-us/Useterms/Retail/Windows/10/UseTerms_Retail_Windows_10_English.htm https://www.strath.ac.uk/media/ps/its/its-software/Windows_7_Professional_English_7bb89e9f-20ea-4555-892f-394539ec1090.pdf Link to comment Share on other sites More sharing options...
steven36 Posted February 24, 2018 Share Posted February 24, 2018 They may have the right but only a noob would let them do it without you wanting them too , all you had to do back when when they was giving away Windows 10 was turn updates off and uncheck and hide the 2 updates that were for installing windows 10 . Now updates are much worse for Windows 7 and Windows 8.1 due to the closed nature of windows and cumulative updates across all Windows OS, if you do updates at all, they can put anything they want in Windows updates . This is why i no longer use windows on a daily basis, why should i risk my security just to use windows and not do updates and why should I do updates on windows and risk my privacy ? So i do all my updates on Linux when i get ready too each one is open and can be reviewed . I still have Windows but hardly ever boot into it and I just have Windows 10 now because they can put anything they want in any OS updates and if you think different you just trying to fool yourself . My PC with windows 7 i never use, its just a spare that i never turn on but about once a year if I ever need it i will just put Linux on it lol . I can block Windows 10 from self upgrading and updating with just changing zones in my Firewall and it don't have a place to turn updates off , so people who were on Windows 7 and 8.1 were had the ability to not install updates for Windows 10 and claim they forced them on Windows 10 on it was BS . If this was so Windows 7 would not still had almost half of all Windows users left after they stopped putting free Windows 10 upgrades on Windows 7 . Sooner or latter Windows 10 is going to over take Windows 7 anyway because it runs out of security updates in a few years. Some people should not even be allowed to have a PC, if they don't know how to maintain them , just like people who use software cracks and don't know how to read a nfo and make it work or are scared of them should not use them and just like people who bitch and fuss that there Kodi don't work should use apks or something else . All these jobs in IT and Illegal Boxes are created on peoples stupidity. I would be ashamed to go in front of the world and show I was noob like many idiots do everyday . If they spent half the time researching for answerers as the did at complaining they would not have much to complain about. Link to comment Share on other sites More sharing options...
Reefa Posted February 25, 2018 Share Posted February 25, 2018 Thread moved from general news... Link to comment Share on other sites More sharing options...
luisam Posted February 26, 2018 Share Posted February 26, 2018 On 23/2/2018 at 9:52 PM, steven36 said: They may have the right but only a noob would let them do it without you wanting them too According to my experience in the circle of my friends, all of them Windows users, most of computer users, even professionals, like engineers, economists, accountants and lawyers, are what might be qualified "noobs". Even those who has been using Windows since ages ago, even experts using quite complex Windows applications like Excel, Autocad or Photoshop, has no real idea and no interest to know, how Windows works. Some of them have been "ambushed" by the Windows 10 update and up to their knowledge never were asked for an option to keep Windows 7 or 8.1 Again, I'm not an expert in legal questons but I'm sure that Microsoft can defend itself producing some kind of consent of users for this unwanted update and further they might prove that it's just a kid's stuff to do a rollback to the previous version without confronting a disaster, so any problem should be attributed to an error of the user. The question is, has this user any probability of winning a demand against Microsoft because of a brute forced Windows 10 upgrade? Link to comment Share on other sites More sharing options...
steven36 Posted February 26, 2018 Share Posted February 26, 2018 3 hours ago, luisam said: The question is, has this user any probability of winning a demand against Microsoft because of a brute forced Windows 10 upgrade? I doubt it there would of been more chance of them settling out of court if he was not asking for a ridiculous amount of money over a key you could buy off ebay for $28. Microsoft even won against the US government before . If he was to win they would just keep appealing it tell he goes broke or gives up . Only ones who won against M$ were Governments and some companies who had enough money to fight them before. Link to comment Share on other sites More sharing options...
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