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Microsoft Faces Two New Lawsuits Over Aggressive Windows 10 Upgrade Tactics

Posted by msmash on from the growing-pain dept.

Microsoft is facing two more lawsuits over its Windows 10 upgrade tactics. The first lawsuit comes from U.S. District Court in Florida, where the company has been accused of violating "laws governing unsolicited electronic advertisements" The suit, PCWorld reports, says Microsoft's tactics are against the FTC's rules on deceptive and unfair practices. The second lawsuit was filed last month in Haifa, Israel alleging that Microsoft installed Windows 10 on users' computer without their consent. It's similar to another recent lawsuit that was filed against Microsoft in which the Redmond company had to pay a sum of $10,000. The company, however, believes that these new lawsuits won't succeed. In a statement to The Seattle Times, the company said:We believe the plaintiffs' claims are without merit and we are confident we'll be successful in court.

60 of 105 comments (clear)

  1. Fuck MS by sexconker · · Score: 5, Insightful

    Fuck MS. Mod +5 Insightful because you know it's true and no more needs to be said on the matter.

    1. Re:Fuck MS by npslider · · Score: 4, Insightful

      How much does a judge cost these days?

    2. Re:Fuck MS by Type44Q · · Score: 1

      Wow; I suppose even a complete assh^H^H^H^H^H^H^H^H^H^H^H^H^H^H broken clock gets it right every now and then...

    3. Re:Fuck MS by fustakrakich · · Score: 2

      For Microsoft and equivalent, mere pennies.. And even that is figured into the cost of their products and services. So, in effect, they are free, as in beer.

      For the rest of us, *if you have to ask*, you know the rest... We can't even buy a cop.

      --
      “He’s not deformed, he’s just drunk!”
    4. Re:Fuck MS by kheldan · · Score: 1, Flamebait

      If your computer was a self-driving car, what Microsoft is doing is more or less the equivalent of them arbitrarily saying "We want your destination to be {arbitrary location}, not where you said you wanted to go, because we run your car and we'll do as we please."
      This is why Microsoft must be brought to heel: you own your computer, regardless of what OS has been on it, and it is not, nor has it ever been, Microsoft's prerogative to decide whether you 'upgrade' or not, install patches or not, or anything else.

      Microsoft needs to be forced to be broken up again, like they did once before, the last time they got too big for their britches and started bullying everyone. Microsoft fanbois and shills can go fuck themselves, too, we know who you are, you're not fooling anyone, and we don't want to hear any more of your bullshit so STFU.

      --
      Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    5. Re:Fuck MS by Darinbob · · Score: 4, Insightful

      Doesn't matter. Remember that they lost big in the EU, only got a slap on the wrist for it, and delayed complying with the court orders for so long that the punishment was moot. Microsoft laughs at your puny courts.

    6. Re:Fuck MS by whoever57 · · Score: 3, Informative

      Don't forget that Microsoft also "accidentally" forgot to comply with a judgement for about a year.

      --
      The real "Libtards" are the Libertarians!
    7. Re:Fuck MS by donaldm · · Score: 1

      Fuck MS. Mod +5 Insightful because you know it's true and no more needs to be said on the matter.

      Well this is all well and good but saying that to corporation is effectively like talking to a brick wall and I think the brick wall will be more responsive.

      What are YOU going to do about Microsoft's questionable methods of installing Windows 10 and how all settings are turned on by default?

      Do you:

      1. Mumble allot about Big Brother but still put on your gold plated chains?
      2. Install a non-Microsoft operating and then bitch because "It's not what I am used too", then go back to "1"?
      3. Install a non-Microsoft operating system and learn to use it effectively, therefore having more privacy and saving money?

      It's your choice. "You have nothing to lose but your chains".

      --
      There ain't no such thing as proprietary standards only proprietary formats. Standards are by definition open.
    8. Re:Fuck MS by rtb61 · · Score: 1

      So which is more profitable for the judge, to get a percentage from those successfully suing M$ again and again and again (keeping in mind how much money is up for grabs, enough to pay for tens of thousands of successful claims) or taking token one time political support from M$. Keeping in mind this is not a local issue but a global one and from the M$ point of view - 'Ohh fuck, Ohh fuck, Ohh fuck, the civil suit bubble is about to burst', keep in mind M$ has many competitors with equally deep pockets and they are invading everyone's privacy, rich or poor as well as invading the privacy of their competitors employees, contractors and suppliers (a real tangible and dangerous corporate threat). I am just really surprised it took so long, so many countries courts are in a real solid legal position to really, well and truly screw over M$ to the tune of billions (and a shit bucket ton of lawyers will be salivating over the opportunities that it presents and the percentage they can gain).

      --
      Chaos - everything, everywhere, everywhen
    9. Re:Fuck MS by Ol+Olsoc · · Score: 1

      half-baked, ugly, sloppy Linux distros.

      Mint and Ubuntu Mate are more polished than most MS distros.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    10. Re:Fuck MS by Ol+Olsoc · · Score: 1

      What are YOU going to do about Microsoft's questionable methods of installing Windows 10 and how all settings are turned on by default?

      I cannot control what businesses do. I can only control what I do. So although I have had to learn how to troubleshoot Microsoft OS installs for support purposes - and there are a metric fuckton of 'em - I'm 99 percent on Unix and Unixy Operating systems now, and lovin' it. Fortunately they have almost no issues, so I have time to fix the problems du jour in the Microsoft boxes.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    11. Re:Fuck MS by Tablizer · · Score: 1

      What a steaming pile of horse stuff. If they really cared, they'd assign somebody to check and verify every week.

      --
      Table-ized A.I.
  2. And the reason being... by npslider · · Score: 4, Insightful

    "We believe the plaintiffs' claims are without merit and we are confident we'll be successful in court."

    Primarily due to the courts computers running Windows...

    1. Re:And the reason being... by ZipK · · Score: 2

      Primarily due to the courts computers running Windows...

      And court records not being available during mandatory, unsolicited OS updates.

    2. Re:And the reason being... by npslider · · Score: 4, Funny

      From Microsoft Imperial HQ:

      If you rule in our favor... it goes from 99% to finished.

      If you do not... that remaining 1% may take a looooooong time!

  3. I miss baghdad bob memes by Anonymous Coward · · Score: 1

    They would be so perfect for Microsoft's situation. Perhaps a baghdad balmer?

    1. Re:I miss baghdad bob memes by Tablizer · · Score: 3, Funny

      Baghdad Bob + Microsoft Bob:

      "It looks like you're trying to sue us. The lawsuit has no merit. But, you want help bribing a judge for us, in case. Yes, you do. Trust me; it's in your family's best interest..."

      --
      Table-ized A.I.
    2. Re:I miss baghdad bob memes by npslider · · Score: 1

      Inside the Microsoft Empire Public Relations Studio:

      "Everything is perfect, we are in complete control of our computers"

      ** As Blue Screens of Denial pop up one by one filling the entire screen, including the broadcast itself.

    3. Re:I miss baghdad bob memes by sconeu · · Score: 1

      I believe you mean this...

      "Everything is perfect, we are in complete control of our^H^H^H^HYOUR computers"

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    4. Re:I miss baghdad bob memes by npslider · · Score: 3, Funny

      I wanted to type that, but my Microsoft Digital Assistant advised against it, even threatened to encrypt my files if I misspoke.

      What I wanted to say was tha^^^ NO CARRIER

    5. Re:I miss baghdad bob memes by freeze128 · · Score: 1

      Jeezus! You're still accessing slashdot via MODEM?!?!

    6. Re:I miss baghdad bob memes by npslider · · Score: 1

      It does slow down my page load time, but there are never any overage fees!

    7. Re:I miss baghdad bob memes by Aighearach · · Score: 1

      Their tartoor lawsuit has no merit, and we have them surrounded. I'm not afraid, and you don't be afraid. There are no settlements in Redmond, I assure you!

      We are in control. They are in a state of hysteria. Losers, they think that by filing lawsuits and trying to distort the feelings of the people they will win. I think they will not win, those bastards.

      They should surrender or be burned in their upgrades.

      I have detailed information about the situation...which completely proves that what they allege are illusions . . . They lie every day. Lying is forbidden in Redmond. Balmer will tolerate nothing but truthfulness as he is a man of great honor and integrity. Everyone is encouraged to speak freely of the truths evidenced in their eyes and hearts.

    8. Re:I miss baghdad bob memes by Aighearach · · Score: 1

      That's probably why he runs windoze... he accidentally bought a winmodem.

    9. Re: I miss baghdad bob memes by Ol+Olsoc · · Score: 1

      It's like the Linux of internet access - you have to jump through so many hoops, but at least you aren't submitting to the Man!

      1999 called. They said you should bone up on 2016 before you call out Linux for things it does better than Windows.

      But if you really wanna talk about ancient issues, let's talk about how badly Windows 1 sucks.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  4. Why do they even seek comment? by Lendrick · · Score: 4, Insightful

    I mean, what's MS going to say? 'We believe this case has a lot of merit and we're probably going to lose'?

    1. Re:Why do they even seek comment? by GreatOldOne · · Score: 1

      Agreed. What company will keep an attorney that says "Our client screwed up, and we are trying to bail them out, and we're not optimistic about their chances."

    2. Re:Why do they even seek comment? by Darinbob · · Score: 2

      Corporations also don't keep around attorneys who point out that company policies are clearly illegal and may lead to future lawsuits or criminal actions. Lawyers are there to say YES when asked to do so.

    3. Re:Why do they even seek comment? by macs4all · · Score: 2

      Agreed. What company will keep an attorney that says "Our client screwed up, and we are trying to bail them out, and we're not optimistic about their chances."

      In fact, that would be legal malpractice, as a violation of the Duty to Zealously Defend the Client.

    4. Re:Why do they even seek comment? by vux984 · · Score: 4, Informative

      Why do they even seek comment?

      The reason is "journalistic integrity",

      Yes, we all know that the MS mouthpiece is going to respond with some useless boilerplate, but its Journalism 101 to seek comments and responses to all parties when writing stories about them.

      It provides for fairness, letting the company have its say (even if it is boilerplat); and also supports journalism principles for verification and accuracy. For example, Microsoft could have responded ...'No, your facts are wrong. They haven't actually served us with any lawsuit yet."... or "No. They have already settled out of court; and are under a non-disclosure about the terms." or disputed/corrected any number of other facts or details about the case, that they wish.

      If the journalist has all the facts 100% right, and the company really has no positive spin for it, then yeah, you'll get a boilerplate... "we beleive this case has no merit."

      But its a good sign that the journal article reached out for a comment, and even better that they got one and printed it.

    5. Re:Why do they even seek comment? by avandesande · · Score: 1

      'tis nothing but a flesh wound......

      --
      love is just extroverted narcissism
    6. Re:Why do they even seek comment? by Anonymous Coward · · Score: 1

      Decent corporate lawyers aren't just yes men. One of their bigger purposes is to tell a company what might lead to lawsuit and how much that lawsuit will cost them. They then weigh this against the potential profit of the action and decide whether to proceed.

    7. Re:Why do they even seek comment? by dpidcoe · · Score: 2

      And when the company decides the profit is greater than the cost of the lawsuit? Is the corporate attorney going to stand up and say "the case has merit and my company did the wrong thing, it's just that we made a bunch of money from it so we don't care"? I don't know about you, but I'd be willing to bet that they're *still* going to stand up there and say the case has no merit, despite have predicted the lawsuits well before the decision was made to proceed anyway.

    8. Re:Why do they even seek comment? by Aighearach · · Score: 1

      Journalistic ethics requires asking for a comment from them before publishing their laundry, even when they're obviously not going to talk about it.

  5. Class-Action? by Tablizer · · Score: 4, Interesting

    There's gotta be a lot of others impacted. A Yuuuuge class-action lawsuit may be in order. A law firm could advertise, asking about those affected, and collect the claims together.

    --
    Table-ized A.I.
    1. Re:Class-Action? by GreatOldOne · · Score: 2

      Wouldn't it be funny to see a court order as part of the damages that Micro$oft must support Windows 7 in perpetuity?

    2. Re:Class-Action? by Anonymous Coward · · Score: 5, Funny

      Having them support it in perpetuity would be unfair.

      What would be fair is having them support Windows 7 until its copyright expires.

    3. Re:Class-Action? by Stan92057 · · Score: 4, Interesting

      Ive thought about that a lot and i really believe MS should support all their OS...security wise .Allowing hundreds of millions of PCs to go un patched security wise is a national security issue..Win 7 been out for how long and still every month their is a new security patch and just because its old and they are tired of supporting it..i say too bad, they released a product that was a security nightmare,and continues to be one. Plus this PC i own can run win 7 forever really. if they don't want to then they should be forced to open the code so it can be fixed. that's my opinion anyways

      --
      Jack of all trades,master of none
    4. Re:Class-Action? by Zocalo · · Score: 2

      A law firm could advertise, asking about those affected, and collect the claims together.

      Bonus points if they can get the advert posted to the Windows 10 start menu...

      --
      UNIX? They're not even circumcised! Savages!
    5. Re:Class-Action? by Anonymous Coward · · Score: 3, Insightful

      What would be really fair is forcing them to open source XP. A user supported fully 64 bit XP (that was able to run all 32 bit programs and drivers) would wipe the floor with anything they've produced since.

      As a bonus all the "no longer supported but perfectly working hardware" could still be run too. Windows 7 and beyond shit on a lot of perfectly good, expensive, hardware.

      Me, I'm hoping for ReactOS to get to the point it can run te drivers for some of my older hardware. That would be the ideal solution to the Microsoft problrem.

    6. Re:Class-Action? by HideyoshiJP · · Score: 1

      A law firm could advertise, asking about those affected, and collect the claims together.

      I can hear Robert Vaughn already. "Upgrade to Windows 10? Tell them you mean business!

    7. Re:Class-Action? by dwillden · · Score: 1

      Or they consider Win 10 to be the patch. The free-upgrade period ending kind of undermines that claim. They should leave the option open indefinitely. Then they can simply say, "Yes we are supporting Windows 7, the support is to apply the patch that upgrades to Win 10 and beyond at no cost to you."

      --
      I'm too lazy to compose a creative sig.
  6. MS keeps breaking the machines of elderly people by Anonymous Coward · · Score: 5, Interesting

    On Monday I had to repair yet another Win7 computer, where Win10 installation had started without user consent and had broken the system. In practice the Win10 installer had created a new user (without real name, just a random UUID) and removed the ownership and write permissions from the computer owner users home directory tree. Unsurprisingly all the applications, including Windows explorer failed to function properly. It seems that current applications just ignore any file IO errors without any indication or hint to user what operation did not work.

  7. Just the beginning by ilsaloving · · Score: 1

    I foresee this to be just the beginning. As long as people can continue to stick with Windows 7, there won't be *that* much of an uproar, but once support expires and companies are faced with being forced to upgrade to Enterprise edition cause Microsoft has mutilated the consumer editions so badly, there will be a reckoning.

    1. Re:Just the beginning by imidan · · Score: 3, Interesting

      I own three computers running Windows 7 at the moment. For my primary desktop, I bought a new hard drive and installed Windows 10 on it to check it out. I didn't hate it, but I was left asking why I would bother upgrading when there is no killer feature of Windows 10 that seems to make it better than 7? Then I got busy, and I put the Windows 7 drive back in because I needed to get stuff done and not waste time configuring a new OS. I've been thinking of switching back recently, but then all this news comes out about not being able to disable Cortana or lock screens or apps... They almost had me, but now I'm going to continue putting it off.

  8. A smart person once said by wbr1 · · Score: 1

    It is easier to ask forgiveness than permission. In this case forgiveness will likely be some bad press and inconsequential fines. However the door is open, the maidenhead breached.

    --
    Silence is a state of mime.
  9. Not just abusive. Also wildly incompetent. by Futurepower(R) · · Score: 1

    Management at Microsoft seems wildly incompetent. It wasn't only Slashdot comment posters who called former Microsoft CEO Steve Ballmer Monkey Boy.

    Quote from an article in Forbes Magazine about Steve Ballmer: "Without a doubt, Mr. Ballmer is the worst CEO of a large publicly traded American company today."

  10. Pointless by frovingslosh · · Score: 2

    This is pointless. Microsoft already owns enough lawmakers and judges so that they can do whatever they want. As to any class action joke, Microsoft would end up giving the legal firm a token few million dollars and the members of the class would end up with coupons for "free" upgrades to Windows 10.

    --
    I'm an American. I love this country and the freedoms that we used to have.
    1. Re:Pointless by donaldm · · Score: 1

      This is pointless. Microsoft already owns enough lawmakers and judges so that they can do whatever they want. As to any class action joke, Microsoft would end up giving the legal firm a token few million dollars and the members of the class would end up with coupons for "free" upgrades to Windows 10.

      You are dead right. There is only one way to hurt Microsoft and that is not to use their products and somehow I can't see most people doing that.

      --
      There ain't no such thing as proprietary standards only proprietary formats. Standards are by definition open.
  11. About time... by evolutionary · · Score: 1

    People has been sheepish on this topic up to now. The "Ghost" upgrades I've had reported boggle my mind. For one thing, there are changes to the EULA regarding what Microsoft is allowed to collect (and put in) to your computer and since it's automated, there was no actual consent to these changes done by any human being, which I believe if tested by the courts, would prove to be illegal due to lack of "meeting of the minds" because the owner was not present to read it during the automatic upgrade. Wonder why MS didn't consider this one before trying to force feed this bloat/spyware on happy MS Windows 7 users.

    --
    "Imagination is more important than knowledge" - Einstein
  12. Re: Only LUDDITES sue over Appdows 10! by Darinbob · · Score: 1

    Three luddites in a row == Syzygy!

  13. Re:The New Litigious Society by Darinbob · · Score: 1

    Customers keep trying to file lawsuits online, but their computers keep mysteriously rebooting to install new updates.

  14. Disable new apps from being installed! by KreAture · · Score: 1

    What I want to know is where the button is for disabling the installation of new and "popular" apps from the store.
    I do NOT want my machine to download all kinds of shit wasting a metered connection for me to keep uninstalling again every week...

    1. Re:Disable new apps from being installed! by JustAnotherOldGuy · · Score: 1

      What I want to know is where the button is for disabling the installation of new and "popular" apps from the store.

      Lo, there isn't one. How DARE you attempt to interfere with Microsoft's control of their PC??

      -

      I do NOT want my machine to download all kinds of shit wasting a metered connection for me to keep uninstalling again every week...

      Then it's time to switch to Linux, or possibly Apple, because you sure as shit won't have any control over the matter while you're running Windows.

      --
      Just cruising through this digital world at 33 1/3 rpm...
    2. Re:Disable new apps from being installed! by dwillden · · Score: 1

      I've yet to see windows install any "new and popular" app from the store that I didn't choose to install. What apps are you talking about?

      --
      I'm too lazy to compose a creative sig.
    3. Re:Disable new apps from being installed! by KreAture · · Score: 1
      It installed candycrush 2 times in a row (new versions) as well as two messanging apps.
      Just now it added "Windows DVD player", listing it under recently added.
      It was not there 3 hours ago and bandwith meter shows it did indeed use a hunk of data about 1 hour ago.

      The fun thing is, the dvd player app is not free, and if you start it you are told to pay for it. Needless to say, on a metered connection it has already cost money in bandwidth, before I made any conscious decision to install it.

    4. Re:Disable new apps from being installed! by KreAture · · Score: 1
      I finally found this:
      http://winaero.com/blog/fix-wi...

      So there isn't a button, but at least there's a way!

    5. Re:Disable new apps from being installed! by dwillden · · Score: 1

      Cool, good find. Saw your other response as well, and I haven't seen such behavior and find the CC game very suspicious. But I can see that being a problem on a metered connection. (the Windows DVD I could see being counted as part of Windows that needed to be added, but as it's a paid app that is suspicious!)

      --
      I'm too lazy to compose a creative sig.
  15. Boilerplate by JustAnotherOldGuy · · Score: 1

    "In a statement to The Seattle Times, the company said: We believe the plaintiffs' claims are without merit and we are confident we'll be successful in court."

    Said every lawyer ever born, even when they know for a fact that their client is as guilty as sin.

    They'd say this if their client was caught on national TV red-handed murdering someone in the middle of the street at high noon with the entire country watching.

    --
    Just cruising through this digital world at 33 1/3 rpm...
  16. Re:That was AT&T.... by kheldan · · Score: 1

    What the fuck are you even talking about? I'm talking about a corporation that is abusing people's rights when it comes to managing their own computer, and abusing their rights to privacy and data security, and you're complaining about technical problems? Seriously? You just DO NOT GET IT.

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!