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EFF Petitioned To Investigate Windows 10 Upgrades (change.org)

An anonymous reader writes: One of the most frustrating things about the ongoing stream of stories about Windows 10 upgrades is that there seems to be no way to hold Microsoft to account. Or perhaps there is: a petition asking the Electronic Frontier Foundation to investigate has now been posted on Change.org.
The petition argues "people are being tricked or forced into upgrading to Windows 10 from their current, preferred version of Windows," and describes Microsoft's actions as "ignorantly unethical at best and malicious at worst."

31 of 312 comments (clear)

  1. Windows 10 upgrades are good by NotInHere · · Score: 5, Funny

    they make people hate windows. This is the first step in installing GNU + systemd.

    1. Re:Windows 10 upgrades are good by Anonymous Coward · · Score: 5, Funny

      I think GNU/system===D is pretty great. It has a lot of features in common with Linux, and is partially compatible with that OS.

    2. Re: Windows 10 upgrades are good by Anonymous Coward · · Score: 2, Funny

      Tired of Microsoft forcing unwanted changes on your OS? Use Linux where a small clique of Redhat engineers will do it instead!

  2. Here is how to hold Microsoft accountable by flacco · · Score: 4, Insightful

    - Back up your data files
    - Wipe that abusive shit operating system off your machine
    - Install Linux.

    Don't look back.

    --
    pr0n - keeping monitor glass spotless since 1981.
    1. Re:Here is how to hold Microsoft accountable by houstonbofh · · Score: 2, Insightful

      Until this situation improves, if it ever does, we still need to have a Windows boot option.

      As long as you use the Windows boot option, it will not improve. I have Steam on Linux, and a backlog of games to play that I bought on sale. (Note that borderlands 2 and then borderland the Pre Sequel back to back really is too much...) I will no longer spend money on games that will not run on my computer.

    2. Re:Here is how to hold Microsoft accountable by houstonbofh · · Score: 2, Interesting

      - Back up your data files - Wipe that abusive shit operating system off your machine - Install Linux.

      Don't look back.

      I have had more clients ask about Linux in the past 3 months then in the past three years prior. With everything moving to the cloud, it is actually happening.

    3. Re:Here is how to hold Microsoft accountable by houstonbofh · · Score: 5, Insightful

      What is the motivation to write a Linux port if they will get your money anyway?

    4. Re:Here is how to hold Microsoft accountable by Dutch+Gun · · Score: 2

      I hope there are a few more people like you that are putting your money where your mouth is so it makes my investment worthwhile. I'm ordering a new Linux development box shortly, as I don't want to mess with my primary dev machine, plus I need space to test a few distros out anyhow. It's something I've wanted to do for a while, but hadn't really committed yet.

      The way you get more games on Linux, oddly enough, is to buy games that have Linux ports. At most places I've worked over my career, a non-Windows version of the game wasn't even a blip on anyone's radar. These days, a quite a few games at least have a Mac version as well, and once you've gone that far (assuming it's not a Cider "port" of some kind), it seems like a reasonably short hop to doing a Linux port as well, given that Mac is POSIX/OpenGL as well. I guess I'll find out *how* short a hop it is fairly soon.

      Honestly, even as a long time Windows developer and someone who actually prefers using Windows, Microsoft's behavior toward their users has been rather disgusting with this Windows 10 update debacle. They've burned through a lot of good will with me. I mean, I never really expected for them to be saints - I'm not that unrealistic, but I didn't expect them to be quite as high-handed with their own customers. So, I guess I'll do my small part and make sure any software I write works on as many platforms as possible.

      --
      Irony: Agile development has too much intertia to be abandoned now.
    5. Re: Here is how to hold Microsoft accountable by chipschap · · Score: 5, Insightful

      Are you suggesting I should install Linux for... what?

      I can't answer that question for you, but for me, the answer is "to get all my work done" as I've in fact done for 15+ years. Now, 15 years ago, it was much more of a struggle. Today, there is so much software for Linux that I seldom have to look very far. Office suite, graphics, audio processing, typesetting and desktop publishing, OCR, and on and on--- everything I need to do what I do.

      I know there are specialized apps and games that don't run on Linux, and I know that Wine and even VMWare are not always good solutions. I know that some people legitimately need to run Windows, or simply want to run Windows.

      But I do submit that the number of cases in which the claim is made that the job can't get done on Linux is more a function of not wanting to, rather than not being able to.

    6. Re:Here is how to hold Microsoft accountable by Ol+Olsoc · · Score: 2

      Sorry. 'nix still isn't a gaming OS.

      I remember when the Windows guys used to stick their noses in the air, and Claim that the Amiga was just a gaming machine, not suited for serious work.

      How the tables have turned, the only reason to keep a windows machine is rapidly becoming as a game machine.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    7. Re: Here is how to hold Microsoft accountable by Ol+Olsoc · · Score: 2

      Pray tell, how exactly am I supposed to run all the software I need on a daily basis to, you know, actually make money and shit?

      I made a significant amount of money using OSX - what's your point?

      I'll leave the shit part to you since you use Windows. That fits perfectly.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    8. Re:Here is how to hold Microsoft accountable by houstonbofh · · Score: 2

      For the record, WD Purple is a slow ass drive, and WD Black is WORTH THE MONEY!

      Any spinning drive is slow as crap these days. SSDs all the way. I only use spinning drives for backups and mass store features.

      Unless you need capacity. I need a 2TB drive in my desktop between the development VMs and piles of data. And a 2TB Samgsung is $750, or almost 10 times the cost of the Black!

      Agree with you on the games. Just played the Deus Ex series again with the modded upgraded graphics engine in WINE. Good Game!

    9. Re: Here is how to hold Microsoft accountable by Waccoon · · Score: 2

      What if the software you want isn't in your distro repository? The binary compatibility issue is my #1 problem with Linux, has been for a very long time, and it's something that no Linux fan wants to address. Until that's resolved, Linux isn't going mainstream -- period.

      But I do submit that the number of cases in which the claim is made that the job can't get done on Linux is more a function of not wanting to, rather than not being able to.

      Power users don't understand this, but everyone else does. No matter how many times Linux people insist that a distro is perfectly usable by normal people, it's totally inevitable that you'll have to drop to a shell prompt sooner or later to install something or get it working. Any time that happens, it's a function of "not being able to."

    10. Re: Here is how to hold Microsoft accountable by ilsaloving · · Score: 2

      The thing is, the parent has a fair point.

      Switching OSes is not *just* about switching OSes. You also have to deal with all the applications that you were running on the previous OS. Some packages have equivalents. Most don't.

      If you've already made a significant software investment on the old platform, switching can be very difficult depending on time, costs, or just plain inclination.

      Sometimes you can use a stopgap solution such as running the previous OS in a VM, but it's rarely as easy as just switching.

      (And yes, I'm ignoring piracy as a viable option)

  3. There's only one way to fix Microsoft by JustNiz · · Score: 5, Insightful

    It boggles my mind how people rightly complain about this and all the other abuses by Microsoft, then go right out and buy another PC with Windows.Self-inflicted much?

    Jeez people just vote with your wallet already.

    1. Re:There's only one way to fix Microsoft by geekmux · · Score: 2

      YOU wake up. Windows costs money. Linux is free.

      Oh, so cost is what is really holding the Year of the Linux Desktop?

      Yes, that must be it, because this is the first year Linux has been free, right?

      Give me a break. Unfortunately, now Microsoft is going to try and compete with that price tag, and even with all of the complaining about telemetry, I'm willing to bet the masses STILL won't convert to Linux.

      And my original comment was targeted towards the actual competition out there, which is the (considerably more expensive) OSX option.

  4. What is the EFF supposed to investigate? by Anonymous Coward · · Score: 5, Informative

    The petition asks for the EFF to "investigate Microsoft". What investigatory powers does the EFF have? They can't just show up in Redmond and go "hey assholes, open up" - so did the petition's author mean the FTC instead or something?

    1. Re:What is the EFF supposed to investigate? by ClickOnThis · · Score: 5, Insightful

      The EFF does not have investigative powers, but it does have investigative talent, and a recognized history of advocacy for consumers.

      --
      If it weren't for deadlines, nothing would be late.
    2. Re:What is the EFF supposed to investigate? by kheldan · · Score: 5, Insightful

      It won't be the first time that Microsoft has misbehaved on a scale that required some sort of large legal action. An organization like the EFF has enough credibility that if they 'investigate' the situation, find serious problems, and start talking to the right people, they'll be heard and something on an official level will be started. Random tech geeks complaining on an internet discussion forum aren't going to get anything done on their own, especially when 99% of the computer-using public don't even understand the problem when you try to explain it to them, they think they're just getting something that costs hundreds of dollars for free, and since the malware aspects of Windows 10 is silent, they don't even know how they're being taken advantage of with hardware they bought and paid for with their own money.

      --
      Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    3. Re:What is the EFF supposed to investigate? by PolygamousRanchKid+ · · Score: 2

      They can't just show up in Redmond and go "hey assholes, open up"

      Well, that strategy did seem to work with Goatse.

      Not that the Internet needs any more of that.

      --
      Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    4. Re:What is the EFF supposed to investigate? by im_thatoneguy · · Score: 3, Insightful

      What exactly would they even charge them with.

      "Hey assholes, stop updating and maintaining your flagship product!"

      This would set a really really bad precedent if they somehow did find Microsoft Legally guilty of something. What would that something be? Illegally updating code without consent? Downloading a bit without explicit consent?

      Issue a security patch, have it install automatically: lawsuit.
      Replace certificate in keychain: lawsuit.
      Cache website before it's clicked on: lawsuit.
      Download email automatically using default settings: lawsuit.

      It's also incredibly ironic that Google is criticized for failing to keep the OS up to date on most devices causing fragmentation and Microsoft is criticized for failing to allow their OS to become fragmented. I'm sure most people with an Android device wished they had the problem "Google keeps ensuring every device gets the latest version of Android."

    5. Re:What is the EFF supposed to investigate? by swb · · Score: 2

      They don't have any official investigatory powers, but what they do have is a level of organizational competency and probably some level of lobbying influence (like, they can actually get a meeting with a congressional aide who isn't a summer intern).

      They also might have the time and staff to setup some kind of coherent and competent testing to build an understanding of the when and hows of Windows 10 auto upgrading.

      Right now my sense is we have a chorus of people complaining about a lot of contradictory behaviors with Windows 10 upgrades. In this forum alone I've read what sound like competent people (ie, they type in complete sentences with basic grammatical correctness) describing totally contradictory outcomes.

      It would be nice if an organization like the EFF actually ran a dozen or however many was necessary Win 7 desktops to see what's involved in getting to a nearly forced upgrade, and did it in a way that mimicked the scientific process enough to seem fairly conclusive.

      At this point I don't know what I believe other than my own personal experience that says setting the GWX registry keys works so far. I haven't seen a system with them set (via group policy or locally) that has upgraded to Win 10.

      That being said, I completely believe Microsoft is willing to force Win 10 by hook or by crook. It also wouldn't surprise me if their upgrade system had varying levels of aggressiveness based on criteria we don't understand, with the idea that by creating confusion as to potential outcomes that they can get away with a level of aggressiveness because people who haven't yet been targeted for it will write off those who have as incompetent or crackpots.

  5. Wrong priorities by MobileTatsu-NJG · · Score: 3, Insightful

    Yes, Microsoft is being too aggressive, however I feel this is less important than finding out what is being sent via the telemetry service. I will not use Windows 10 because many of the projects I work on are under NDA. How do I know Windows isn't sending out info to the mothership that, in essence, violates that NDA? What if Windows is sending a list of all the folders on my hard-drive? An employee of theirs might see that and go "Hey, this guy is working on the Nintendo NX*! I'm going to post this to the rumors sites!" That's the sort of thing that could get me, my colleagues, and the companies I work for in trouble.

    * I am not working on anything Nintendo related, I just plucked that example out of the air.

    --

    "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    1. Re:Wrong priorities by mlts · · Score: 2

      There is also the fact that we don't know how well the data is secured. Unlike a cloud provider, if Cortana or a search process sends data to the mother ship about something sensitive, MS may not use it, but there is always the concern that they get compromised and someone now has that info about the new NX, with the exact SoC chip masks and other confidential items.

      There is also the fact that MS may be coerced to forking that info over. For example, if something got uploaded to MS in the US, and Elbonia put the squeeze on MS, there isn't anything to stop MS handing any/all info they get to the Lower Elbonia Street Squad on a constant basis. Lawsuits? Between arbitration and EULA precedents, it would be almost impossible to actually get anything accomplished.

      I wish there were another desktop that is viable in the enterprise. However, there isn't anything that is as manageable on a large scale as Windows, nor any management infrastructure that can scale up as high as AD/GPOs. Most likely, companies might have to move to VDI or block communication to MS, pushing out security updates via WSUS or SCCM.

    2. Re:Wrong priorities by cfalcon · · Score: 2

      I mean, they weren't totally opt-in in 2013, and that was before Windows 10.

      http://community.websense.com/...

    3. Re:Wrong priorities by ljw1004 · · Score: 4, Interesting

      I believe it doesn't send *memory dumps*. It sends crash dumps, also called "mini-dumps" within Visual Studio. They don't have the heap. They include registers. They include callstacks, but I think these only include address pointers not the stackframes themselves (not sure). They include a list of all loaded DLLs/EXEs in the process along with the address at which they're loaded.

      (I work at Microsoft, and have had to investigate the occasional crash-dum- to fix whatever bug caused it, and the dumps didn't have any heap, so it's always taken a lot of guesswork and detective work to figure out what the bug was based only on the callstack).

    4. Re:Wrong priorities by U2xhc2hkb3QgU3Vja3M · · Score: 2

      It does explain your seemingly crazy post.

  6. YASP (Yet Another Stupid Petition) by BarbaraHudson · · Score: 4, Insightful

    The EFF has zero enforcement powers. And petitions are useless. Real change happens in the courts, or by you changing your own behavior so as to not buy their products. Petitions are for slackers.

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  7. Forced upgrade by Bruinwar · · Score: 2

    It happened last night. Right at the start of my son's LAN party. One kid was on my personal desktop, just got in Overwatch & they called me downstairs. "Preparing to install Windows 10. Do not turn off your computer". Fuck that, one kid without a computer for the evening was unacceptable. I immediately hit the reset button. Luckily it booted right into Windows 7 where, for better or worse, I downloaded & ran Never10.

    Linux is not an option for me. The software I run for work no longer has a version for Linux. I am stuck with MS for now & likely will be installing Win10 in the next few weeks anyhow.

    --
    SLOWER TRAFFIC KEEP RIGHT
  8. Re:Lets be real now, what did MS do wrong? by ledow · · Score: 4, Interesting

    You should have stayed on for the second year of law school. They would have told you that a contract cannot be automatically upgraded unless reasonable and the reasonable opportunity given to back out or otherwise not agree to the terms, that all contracts have to be reasonable anyway, that contracts are meetings of minds, and that unfair contracts will be interpreted in favour of the party that didn't draw them up (i.e. the user).

    A EULA is also not specifically a contract, though it may form part of one, but a grant of licence to use a copyrighted work. If the terms to use that copyrighted work include, say, automatic control over your computer, upgrades, telemetry, etc. then it could easily be interpreted as overbearing for a copyright licence. It's also certainly not an automatically binding contract, and is override by basic statutory rights and contract law. Just because you agree to "give your firstborn" does not mean that's legal - even if you WANT to do that! And changing the goalposts later never goes down well in court.

    And I agreed the Windows 7 EULA, not the Windows 10 one. What if I disagree with the Windows 10 one? Are they trying to trick me into agreeing by other methods (i.e. automatically upgrading me?), giving me no reasonable option, etc.? That's basically duress.

    Personally, I think MS are on a hiding to nothing, and they'll "get away" with it for the most part. And then when Windows 10 becomes "pay only", and Windows 11 is treated the same way, they'll be a comeback that everyone else will have seen coming.

    All its shown me is that MS hasn't changed one bit in its existence and all the posturing of recent years is just a trap to force you to upgrade. I certainly shan't be buying MS licences for my own use and, by extension, I avoid and recommend against their cloud services, office products, browsers, and even their consoles, phones, tablets and software services (though, let's be honest, you hardly need to avoid that shite).

    Chromebooks are going down well with everyone asking me about "cheap laptops". Office compatibility for home use is barely an issue any more. Cloud services have plenty of alternatives. Most people have seen iPads and Macs and understand "they aren't Windows" and it doesn't stop people nowadays. I get just as many Apple Pages job applications as Microsoft Word (and when its for a techy position, I file those in the Deleted Items folder appropriately).

    Here's hoping it's just a swansong for Microsoft, but if we can screw them to the floor with an EU parliament investigation or similar, maybe we can completely remove their influence more quickly.

  9. Arguably illegal in Canada by davecb · · Score: 2

    http://www.advocatedaily.com/aaron-edgar-microsoft-risks-running-afoul-of-anti-spam-legislation.html

    To summarize, the company needs informed consent. A customer's saying "no" is a binding denial of consent.

    --
    davecb@spamcop.net