Microsoft Sued Over Windows 10 Update Campaign

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Microsoft is facing more lawsuits over its Windows 10 upgrade campaign. I never thought I would say something like this about a free upgrade but I'll just be glad when the offer expires.

Microsoft is facing two lawsuits seeking class-action status related to the company’s campaign to get people to use Windows 10. Three Florida men sued Microsoft in U.S. District Court in Florida on Friday, saying Microsoft’s Windows 10 update prompts violated laws governing unsolicited electronic advertisements, as well as Federal Trade Commission prohibitions on deceptive and unfair practices.
 
From my side of dealing with GWX, this suit is Rich ly Deserved, and We may join it it with the Plaintiff's!
 
It's good that MS is getting blow back. They pushed WAY too far with windows 10. It's almost like someone at MS made a bet saying if you can't get X amount of installs by such and such a date.
 
At this point GWX is showing a yellow exclamation mark, which of course resulted in confusion.
It actually periodically crashes on a few of my work computers, causing even more phone calls.
I feel like a victim of a bait and switch; after 20 years I am no longer interested in new Windows versions. I am really glad I got into free software enough to replace Windows when 7's EOL hits.
 
It's good that MS is getting blow back. They pushed WAY too far with windows 10. It's almost like someone at MS made a bet saying if you can't get X amount of installs by such and such a date.

That's exactly what happened. Remember the line "Windows 10 will be on 1 billion devices in 2 to 3 years"?
 
As much as I like Windows 10, I don't like how this rollout happened. I will be interested to see how the "violated laws governing unsolicited electronic advertisements" plays out. I bet there will be some phrase buried in the EULA for windows and windows updates that allow it.
 
And next week we will get people crying that they missed out on the free upgrade and now have to pay for windows 10.. had a windows 8.1 user just this week that had all sorts of problems yes she was an inexperienced user but after the free upgrade all the problems she had went away and she loves windows 10. (clean install to get rid of all the crap on her HP)..
 
Now we need a suit over their insane mining and tracking.

France has told Microsoft to cut back on the telemetry within 3 months and Canada and a few other EU members may be taking them to court depending on if they follow France's orders or not. I posted an article about it in the OS forum a week or two ago. Yes, Microsoft's telemetry does break privacy laws in some countries.
 
As much as I like Windows 10, I don't like how this rollout happened. I will be interested to see how the "violated laws governing unsolicited electronic advertisements" plays out. I bet there will be some phrase buried in the EULA for windows and windows updates that allow it.

Local/Federal laws take precedent over an EULA. EULAs always state that too. Just because an EULA states something it does not make it binding if it contravenes law.
 
Local/Federal laws take precedent over an EULA. EULAs always state that too. Just because an EULA states something it does not make it binding if it contravenes law.
And you are right. Doesn't mean that the MS lawyers won't pound that hard during the trial.
 
I can't wait until the free upgrade is over just to stop hearing people complain. We get it, you love Windows 7, congrats, stop filling the OS subforum with the same QQ repeatedly.
 
MSFT is not afraid of lawsuits. Looks back to the 90's... Win10 has largely been a good OS for my personal use so far. Shrugs.
 
Now we need a suit over their insane mining and tracking.

And how much do you use social media? Google.com for searches? Browse the web?


I always find this argument the most insulting, because in reality, we all use tech that tracks us all the time - some people just pick on MS because they are MS but can't be honest with themselves about it.
 
Can't wait for the MS defense squad to come in and say how MS should have the right to violate the law.

Can't wait for stupid stuff like this to be posted. Oh wait, I don't have too. ;) :D

If you haven't upgraded yet, be a good idea to get it while it's free. It's really the best OS yet.

And today is the last day to do so. Even if you do not want it right now, you can upgrade and then roll back.

France has told Microsoft to cut back on the telemetry within 3 months and Canada and a few other EU members may be taking them to court depending on if they follow France's orders or not. I posted an article about it in the OS forum a week or two ago. Yes, Microsoft's telemetry does break privacy laws in some countries.

I assume then that the same countries went after Google and Apple for the same practices, right? Whether you agree with what is happening or not, it would not surprise me if Apple and Google are getting a pass. (Or maybe it is that Microsoft is simply not sharing the info to the countries and it upsets them?)

And how much do you use social media? Google.com for searches? Browse the web?


I always find this argument the most insulting, because in reality, we all use tech that tracks us all the time - some people just pick on MS because they are MS but can't be honest with themselves about it.

But, but, but..... That's not the same. (Says in a whiny voice.) :D :) ;) /jk I here you, but, I guess folks like to choose who is tracking them and you know, Microsoft has always been the one that others kick around anyways.
 
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So you're telling me Microsoft never had wording in their ToS to the effect of all lawsuits must go through arbitration and no class action allowed?
 
Can't wait for stupid stuff like this to be posted. Oh wait, I don't have too. ;) :D
"Microsoft defense squad" a little too close to home, huh?

And how much do you use social media? Google.com for searches? Browse the web?


I always find this argument the most insulting, because in reality, we all use tech that tracks us all the time - some people just pick on MS because they are MS but can't be honest with themselves about it.
So you find the concept of someone wanting an OS to run their hardware to NOT also report back data about them insulting? What exactly do you see the function of OS to be exactly? I mean hell, I don't use a smartphone, I don't use Facebook, and while my personal privacy is nothing sacrosanct, this always-tracking trend is a terrible precedent because it can lead to worse activities later. The point is "other people are doing it too" isn't a good defense as to whether something is a good practice or not.
 
"Microsoft defense squad" a little too close to home, huh?

So you find the concept of someone wanting an OS to run their hardware to NOT also report back data about them insulting? What exactly do you see the function of OS to be exactly? I mean hell, I don't use a smartphone, I don't use Facebook, and while my personal privacy is nothing sacrosanct, this always-tracking trend is a terrible precedent because it can lead to worse activities later. The point is "other people are doing it too" isn't a good defense as to whether something is a good practice or not.


No, I find insulting people who whine about MS reporting data back about them while using a bevy of other tools that do the same thing. Its hypocritical and shows a MS bias. And frankly, it just would be refreshing to hear people just admit they hate MS - not for doing things other companies also do, but just because they hate MS. It'd be a refreshing change of pace at least to have people own up to their irrational hatred.
 
I don't sign in to Google when I search. I don't sign in to Cortana (before Anniversary Update, I used the Cortana off toggle, and would have used Group Policy in Pro). I don't use Siri. I mostly use Private in Safari. Unless I know what I want to buy, I browse Amazon in a Private Window. If ever I accidentally use Bing, I make sure to clear the Search History.

Tell me what I am doing wrong, why it is ok to be tracked, why I should accept and assume I am being tracked, and how much I am being tracked under these practices. I ask because this sounds like the "everyone is doing it" argument.


I never sign into Google either - and yet if I look for a particular video card or monitor, its not uncommon to for me to see ads for what I just looked for when I move on to browsing other sites. They track you, whether you sign in or not. Being ignorant to the obvious doesn't mean it isn't happening.
 
I assume then that the same countries went after Google and Apple for the same practices, right? Whether you agree with what is happening or not, it would not surprise me if Apple and Google are getting a pass. (Or maybe it is that Microsoft is simply not sharing the info to the countries and it upsets them?)
Google has definitely been under fire under several EU countries over privacy violations, don't know about Apple. Regardless, you're right, they should apply the law equally.

No, I find insulting people who whine about MS reporting data back about them while using a bevy of other tools that do the same thing. Its hypocritical and shows a MS bias. And frankly, it just would be refreshing to hear people just admit they hate MS - not for doing things other companies also do, but just because they hate MS. It'd be a refreshing change of pace at least to have people own up to their irrational hatred.
Well I'm just against shitty practices in general, regardless of the company. The telemetry thing doesn't have a huge impact on me personally (yet, anyway), but I can absolutely respect people who view it as a problem, because again, it's encroachment on rights, even if MS is hardly the devil when it comes to this stuff in particular. What's a MUCH bigger deal to me is the potential for Win10 to be able to modify my system via an update, potentially break something, then I'm stuck with no recourse. I absolutely hate this practice, I've seen it break software elsewhere.

As for MS hate, I don't hate them so much as I wish they would stop with shitty practices and Windows 10 doesn't seem like a slam dunk in that department. I'm saying this mostly as a PC gamer where they've paid developers in the past to keep games OFF the PC, tied DirectX versions to OS upgrades unnecessarily (which holds back the entire market), given us GFWL then completely pulled out all support for it later, the UWP initiative sounds nefarious, the list just goes on. Their passive-aggressive attitude towards it really does not win hearts and minds. I will say their initiative to stop making Xbox exclusives and have parity on Windows is definitely a step in the right direction, but they have about 15 years of shitty practices to make up for.
 
Google has definitely been under fire under several EU countries over privacy violations, don't know about Apple. Regardless, you're right, they should apply the law equally.

Well I'm just against shitty practices in general, regardless of the company. The telemetry thing doesn't have a huge impact on me personally (yet, anyway), but I can absolutely respect people who view it as a problem, because again, it's encroachment on rights, even if MS is hardly the devil when it comes to this stuff in particular. What's a MUCH bigger deal to me is the potential for Win10 to be able to modify my system via an update, potentially break something, then I'm stuck with no recourse. I absolutely hate this practice, I've seen it break software elsewhere.

As for MS hate, I don't hate them so much as I wish they would stop with shitty practices and Windows 10 doesn't seem like a slam dunk in that department. I'm saying this mostly as a PC gamer where they've paid developers in the past to keep games OFF the PC, tied DirectX versions to OS upgrades unnecessarily (which holds back the entire market), given us GFWL then completely pulled out all support for it later, the UWP initiative sounds nefarious, the list just goes on. Their passive-aggressive attitude towards it really does not win hearts and minds. I will say their initiative to stop making Xbox exclusives and have parity on Windows is definitely a step in the right direction, but they have about 15 years of shitty practices to make up for.


See, that I don't mind. I think that is actually a very fair analysis. I will say that the reason they do the software updates is because of people NOT updating their PCs, and it causing huge security holes and propagation of viruses.

There's a reason why its set up that way on the consumer level - they want to be able to keep their OS secure, and have seen whats happened with security breaches when they don't do it. Really I think they are fucked by public opinion either way, and at least this time they are erring on the side of security.
 
I assume then that the same countries went after Google and Apple for the same practices, right? Whether you agree with what is happening or not, it would not surprise me if Apple and Google are getting a pass.

In my case/problem it has nothing to do with MS hate or wanting to gouge them for money.
More to do with personal info protection laws. We have sensitive data, like court transcripts, benefits recipients lists, health info.
The organization I work for has to obey the government guidelines, and one of those is absurdly conservative ("anal" :p) fine-grained control over the system used to process this data.
Google can't and doesn't touch my data. Sadly I can't say the same about Windows - after all it's at the bedrock. Potentially trivial things, like logged in user account names can't be allowed to fly over the WAN.
If the defaults were chosen with respect to these laws, and full control over installed software and security policy were provided to local admins, I wouldn't have reason to complain.


No, I find insulting people who whine about MS reporting data back about them while using a bevy of other tools that do the same thing. Its hypocritical and shows a MS bias. And frankly, it just would be refreshing to hear people just admit they hate MS - not for doing things other companies also do, but just because they hate MS. It'd be a refreshing change of pace at least to have people own up to their irrational hatred.

There's no hate or bias in my mind because I see the OS as a basic toolkit to use my computer - drivers, APIs, productivity software. I could use Linux or "other", but I have spent public money on Windows licenses and would like to get my money's worth. Nag-screens or outright crashing of GWX, for example, is a headache for me at work because users get confused and I have to waste time.
There has been lots of opportunities for Microsoft to do their business in a more professional and respectful way, but they opted to do the opposite instead.
 
And how much do you use social media? Google.com for searches? Browse the web?


I always find this argument the most insulting, because in reality, we all use tech that tracks us all the time - some people just pick on MS because they are MS but can't be honest with themselves about it.

Nope, your argument fails because all of those services are by user choice and are in the web browser only, if one needs to use Windows then they have no choice because it is embedded in the OS.
 
Nope, your argument fails because all of those services are by user choice and are in the web browser only, if one needs to use Windows then they have no choice because it is embedded in the OS.

Your argument actually fails because you say if a user needs to use windows they have no choice.

But unless you are a corporate entity, no one needs to use Windows. And the corporate entities don't have all that spyware gobbledygook in them for the Enterprise versions.

People are free to use Linux or even by Apple for their home-based PCS. Just as they are free to use Bing Google Yahoo or whatever for search engines. No one is forced to use Windows. Maybe you should learn the difference between being forced to do something and something that is simply convenient. Windows is a convenience not a necessity.
 
Your argument actually fails because you say if a user needs to use windows they have no choice.

But unless you are a corporate entity, no one needs to use Windows. And the corporate entities don't have all that spyware gobbledygook in them for the Enterprise versions.

People are free to use Linux or even by Apple for their home-based PCS. Just as they are free to use Bing Google Yahoo or whatever for search engines. No one is forced to use Windows. Maybe you should learn the difference between being forced to do something and something that is simply convenient. Windows is a convenience not a necessity.

You fail again, Microsoft has pretty much a monopoly on the PC gaming scene so I/we have no choice.

And I do use Linuix on the same PC but not for gaming.
 
Your argument actually fails because you say if a user needs to use windows they have no choice.

But unless you are a corporate entity, no one needs to use Windows. And the corporate entities don't have all that spyware gobbledygook in them for the Enterprise versions.

People are free to use Linux or even by Apple for their home-based PCS. Just as they are free to use Bing Google Yahoo or whatever for search engines. No one is forced to use Windows. Maybe you should learn the difference between being forced to do something and something that is simply convenient. Windows is a convenience not a necessity.

That's not what was said.
If someone is tied to the Windows ecosystem, because they' need Active Directory, DirectX, or any other of the lower level features Windows has been providing for the last few decades, then they are effectively forced to experience nuisances.
Whatever Windows is, a convenience, a commodity, a service, bait and switch is still tasteless.
Especially when the switching is and has been happening with previously bought versions of Windows.
Do you not remember how Windows Update was being handled right before XP reached EOL?
Can't you see the multitude of threads about people going through shit just to get security patches for their legitimately bought 7s?
 
So I have 30 days to revert to windows 7, why is there a time limit? Can I turn this limit off?

If I revert to windows 7, can I re-rerevert back to Windows 10 when in 3-4 years time it actually is worth having (or absolutely needed)?
 
You fail again, Microsoft has pretty much a monopoly on the PC gaming scene so I/we have no choice.

And I do use Linuix on the same PC but not for gaming.
Yeah, I would have switched to Linux years ago if I could play all my games on it. I would even do it if there was a lagtime before the games became available (so long as they all DID become available) or even a 20% speed loss. If you want to play PC games and have ALL of them run, then you NEED Windows.
 
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