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California woman awarded $10,000 for borked Windows 10 upgrade


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#1 JohnC_21

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Posted 27 June 2016 - 11:07 AM

A CALIFORNIA woman has set a precedent after a court ruled that she was entitled to damages over the installation of Windows 10 on her machine.

Teri Goldstein, a travel agent, testified that the new operating system had auto-downloaded, started to install, failed, and left her Windows 7 computer running painfully slowly and often unusable for days.

"I had never heard of Windows 10," Goldstein told reporters. "Nobody ever asked me if I wanted to update."

 

Article

 

Microsoft actually paid up to avoid further litigation. I think this will just open the floodgates. Happy time for the lawyers.



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#2 Gorbulan

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Posted 27 June 2016 - 11:20 AM

Pretty dangerous precedent. 



#3 mralias518

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Posted 27 June 2016 - 11:37 AM

Sounds like an admission by Microsoft to me. 


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#4 Willy22

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Posted 27 June 2016 - 11:56 AM

- I DO hope MS will learn from that and will ask in the future the user for permission to install Win 10 on the user's system.

- I hope MS will provide more & better info on the upgrade procedure. Experienced computer users know what to do to avoid an upgrade to Win 10 but not all users are experienced.

- Or does MS think it's the "cost of doing business" ?


Edited by Willy22, 27 June 2016 - 11:58 AM.


#5 LiamP5

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Posted 27 June 2016 - 12:38 PM

I agree with willy22. Hope MS will learn lesson from this. Good job california women. My mom was also from california later my parent came to sydney.
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#6 Gorbulan

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Posted 27 June 2016 - 05:47 PM

- Or does MS think it's the "cost of doing business" ?

 

They can lose so much money it won't matter. They could lose millions getting Windows 10 on people's machines and it would not matter to them.



#7 NickAu

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Posted 27 June 2016 - 05:54 PM

Good on her.


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#8 Niweg

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Posted 27 June 2016 - 09:51 PM

 It'll be interesting to see if more folks follow this precedent.  Also interesting is the fact that the folks who so vocally doubted that MS was doing this have finally shut up.  'Bout time!  :whistle:


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#9 Chris Cosgrove

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Posted 28 June 2016 - 06:15 PM

 

Happy time for the lawyers.

 

As I understand it she brought this claim in a Californian small claims court where lawyers are not allowed. MS had to send a cusomer relations rep to argue their side rather than a lawyer. The moral is - keep the lawyers out if at all possible !

 

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#10 JohnC_21

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Posted 28 June 2016 - 06:31 PM

I think it may only be a matter of time before lawyers try to file a class-action suit. 



#11 Gorbulan

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Posted 28 June 2016 - 07:06 PM

If she had her lawyer she would have been awarded $20,000!

 

90% of which would have gone to her lawyer/various costs. Ok, not quite 90, but it sure feels like it.

 

 

I think it may only be a matter of time before lawyers try to file a class-action suit. 

 

I am surprised they haven't already.



#12 NickAu

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Posted 29 June 2016 - 05:15 PM

 

I think it may only be a matter of time before lawyers try to file a class-action suit.

They can't, It clearly states that in the EULA.

 

https://www.microsoft.com/en-us/servicesagreement/


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#13 Gorbulan

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Posted 29 June 2016 - 05:30 PM

 

 

I think it may only be a matter of time before lawyers try to file a class-action suit.

They can't, It clearly states that in the EULA.

 

https://www.microsoft.com/en-us/servicesagreement/

 

 

Doesn't count, right? Windows 10 coming in as an update has no EULA to agree to. EULA has to be agreed to before install. The update happens automatically, without permission from the user.



#14 NickAu

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Posted 29 June 2016 - 05:34 PM

Wrong, You still need to agree to the EULA,


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#15 Gorbulan

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Posted 29 June 2016 - 06:40 PM

Wrong, You still need to agree to the EULA,

 

When? Where? Every Windows 10 update I have seen does not prompt for a EULA, as far as I remember.






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