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Microsoft Will Never Again Sneakily Force Windows Downloads on Users (betanews.com)

A reader shares a report Windows users in Germany were particularly unimpressed when Microsoft forcibly downloaded many gigabytes of files to upgrade from Windows 7 and 8 to Windows 10. Having held out for 18 months, and losing its case twice, Microsoft has finally agreed to stop its nefarious tactics. After a lengthy battle with Germany's Baden-Wurtenberg consumer rights center, Microsoft made the announcement to avoid the continuation of legal action. A press release on the Baden-Wurtenberg website reveals that Microsoft has announced it will no longer download operating system files to users' computers without their permission: Microsoft will not download install files for new operating systems to a user system's hard disk without a user's consent. The consumer rights center hoped for this resolution to be reached much sooner, but Microsoft's decision will please the courts and could have a bearing on how the company acts in other countries.

28 of 200 comments (clear)

  1. And... by Type44Q · · Score: 4, Insightful

    And we made sure of this because we locked up the fuckers responsible.

    Right??

    1. Re:And... by Archangel+Michael · · Score: 3, Interesting

      While I agree with the sentiments, you can't lock up an entire company's work force. Because everyone involved is only partially involved, and each individual could point to a thousand others that each contributed to boneheaded decisions, to the point that no one person is culpable.

      The fix, is if this was "criminal" offense, would be to go after the CxO and Board of Directors and actually lock THEM up for the group think decisions of the company they are supposed to oversee. IF you actually started going after the top people, the culture underneath would change. Until that actually happens ... don't expect any real changes.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    2. Re: And... by Anonymous Coward · · Score: 2, Informative

      It was criminal. They need to go to jail, and they need to be tortured to catch everyone involved. Only then will things be right again.

    3. Re:And... by megamind · · Score: 4, Insightful

      Windows update has been relabeled to "version control" and install files have been renamed to "for your benefit security patches". Germans should wise up and realize nothing they do or say will stop Microsoft from doing whatever they want.

    4. Re:And... by nukenerd · · Score: 5, Informative

      Interfering with someone's computer without their permission is a criminal offence in Europe. In the UK it comes under the Computer Misuse Act. It just seems that no-one (other than, in Germany, the Baden-Wurtenberg consumer rights center) has the bottle to pursue this.

      From this :-

      CMA 1990 introduced the following three new offences into UK criminal law:

              unauthorised access to computer material;
              unauthorised access with intent to commit a further offence;
              Unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer, etc (as amended by the Police and Justice Act 2006).

      I would consider converting Windows 7 to Windows 10 shows an intent to impair.

    5. Re:And... by Archangel+Michael · · Score: 2

      I don't think you understand my actual position. A corporation is a legal entity (a "person") under the law, therefore if a criminal law has been broken, then we have the right to seek justice accordingly. The problem is, that in cases like that there is no way to lock up a corporation in Jail. But you can lock up the people responsible for overseeing the company (the CxO and Board) who are supposed to direct the corporation.

      A committee shouldn't absolve those at the top from the course of action they were overseeing.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    6. Re: And... by Rick+Schumann · · Score: 2

      I'm rather partial to a woodchipper, myself. Feet first, of course.

    7. Re:And... by Anne+Thwacks · · Score: 4, Funny
      They are not human, but, in law, they are a person. This puts them in much the same category as the undead, and evil spirits - to which they show a close resemblance.

      I'm with the meat grinder guy.

      --
      Sent from my ASR33 using ASCII
  2. Yeah right... by ponraul · · Score: 2, Insightful

    honest injun we wont!

  3. Trust Us by FerociousFerret · · Score: 5, Funny

    You can trust us this time. Honest! We have changed.

  4. They just agree to stop and that's it? by HalAtWork · · Score: 4, Insightful

    There are no demands to make up for all of the inconvenience, wasted time, overages on bandwidth, etc?

    Slap on the wrist...

  5. I totally read that as... by Ann+O'Nymous-Coward · · Score: 3, Funny

    Microsoft Will Again Sneakily Force Windows Downloads on Users

    because let's be real, they've got a track record.

  6. Is this across the board? by ErichTheRed · · Score: 2

    I wonder if this will be implemented globally, or whether there will be a "Windows 10 G" edition. Windows N and Windows KN editions for South Korea and the EU were created to remove Media Player and force the user to make a browser choice before IE is turned on by default.

    Some people were beyond pissed when this happened, so maybe they'll just cut their losses and do it across the board. The sneaky upgrade dialog was the thing I wasn't happy about, but I'm sure there are some people out there who are very privacy-minded, and any files they didn't explicitly ask for are a no-go for them. I work with people all over the world, and the EU and Germany in particular has some of the strictest privacy laws. 99% of the information harvesting that your average one-trick web startup gets away with in the US is just forbidden by law there. Facebook and Google are constantly lobbying to have the rules not apply to them because their business model falls apart without full access to people's data.

    1. Re:Is this across the board? by avandesande · · Score: 5, Insightful

      Not sure where you are getting this from, TFA just mentions files for a new operating system. Since MS has stated there will never be a 'Windows 11' they aren't really giving up much here.

      --
      love is just extroverted narcissism
  7. Next Step by avandesande · · Score: 4, Insightful

    Sue to extend this to system updates so MS is forced to restore the previous functionality that was available to users.

    --
    love is just extroverted narcissism
  8. Payback by PPH · · Score: 3, Funny

    Germans complain about Microsoft and come back proclaiming "Peace for our time".

    --
    Have gnu, will travel.
  9. Good start, but not enough by nine-times · · Score: 5, Insightful

    They said (emphasis mine):

    Microsoft will not download install files for new operating systems to a user system’s hard disk without a user's consent.

    How about you just don't upload or download anything without the user's consent?

  10. SubjectIsSubject by p0p0 · · Score: 4, Insightful

    Microsoft will not download install files for new operating systems to a user system's hard disk without a user's consent.

    They really need a clear definition of "consent" because from what I remember just hitting the "X" on the upgrade Window instead of "Cancel" was actually considered consent by MS. It's purposefully misleading and you know they'll do it again with Windows 11 or whatever bullshit name they call it.

  11. Yea right by burtosis · · Score: 5, Insightful
    More like

    Microsoft will never sneakily force updates on users through large downloads and only in Germany

    FTFY

  12. Meaningless commitment by Immerman · · Score: 5, Interesting

    I seem to recall them claiming (a year or so ago?) that Windows 10 would be the last version of Windows, it's rolling updates from here on out. In which case this announcement is a completely meaningless way to duck punishment - they promise to no longer download files for a new operating system... because they will no longer release new operating systems. Just massive updates to their only one.

    --
    --- Most topics have many sides worth arguing, allow me to take one opposite you.
  13. No problem by mysidia · · Score: 4, Insightful

    Microsoft will not download install files for new operating systems to a user system’s hard disk without a user's consent.

    UPDATED EULA VERSION

    By using the software you hereby consent to ....
    ....
    .... [ 25 pages later ]
    ....

    Your computer automatically downloading and installing updates for bugfixes, security patches, and operating system upgrades with no further notification required, with no guarantee of visible a UI indication, options dialog, or other opportunity being provided defer, pause, cancel, undo, revert, or to opt-out of this process of automatic self-updating.

    1. Re:No problem by mrbester · · Score: 2

      Non-binding in EU countries. Thanks for playing, though.

      --
      "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
  14. Ya got that right! by s1d3track3D · · Score: 3, Insightful

    Microsoft Will Never Again Sneakily Force Windows Downloads on Users

    Ya got that right! - Ex-Windows user

  15. Coporate Justice? by TiggertheMad · · Score: 5, Insightful

    https://en.wikipedia.org/wiki/Computer_Fraud_and_Abuse_Act

    TLDR? From the first paragraph of the wikipedia summary:The law prohibits accessing a computer without authorization, or in excess of authorization.

    Putting file on a computer for the purpose of an unrequested upgrade certainly seems to be 'in excess of authorization', especially when you factor in the several million counts of it. The people who authorized this decision are CRIMINALS.

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
    1. Re:Coporate Justice? by Bert64 · · Score: 2

      Except that by accepting the license terms you have granted them authorization.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
  16. Re:My windows 7 just got updated to 10 few days ag by stooo · · Score: 2

    >> There was no way to stop that crap.

    Of course there is !
    1) push the power button for about 5 sec.
    2) plug in LinuxMint USB drive
    3) start up, click install
    4) Crap is stopped.

    --
    aaaaaaa
  17. Re:What about windows 10 S store only will the EU by Altrag · · Score: 2

    They probably won't have to. Unless MS has a dazzling, amazing plan for bolstering their store offerings, Win10S is likely to be close to DOA. Windows' main ability to keep users is the fact that so many users are already running Windows and won't (or far more often, can't) switch all of their apps to a competitor.

    If MS kills their own compatibility benefits, it undermines a lot of the reason people have stick with their platform through all of the shit they pulled with Vista's compatibility disaster, Win8's UI disaster and now Win10's privacy concerns (not quite to disaster level like those other two since it doesn't really affect day-to-day work for the most part, but there's still a lot of awareness and distrust of it.)

    I don't know if MS is just so egotistical that they assume all developers would rebuild all of their apps with UWP, or if they're so naive as to think their users don't care about non-UWP apps, or if they're so blind that they think their store has wide enough app coverage, but in any of those cases my guess is that they're wrong and they're risking their core business on a walled garden without many flowers.

    Basically, if I'm going to be essentially switching to a new platform and forced to give up all of my apps anyway, why would I choose Windows over Apple or Linux? Sure some people will stick with Windows purely out of familiarity even if they lose access to their non-Store software, but that's not nearly as big of an incentive to stick with MS as you know.. not losing access to that software.

  18. EULAs in Germany by henni16 · · Score: 2

    One legal reason why most software EULAs aren't enforceable in Germany:
    If someone buys Windows from some retailer, the buyer enters into a contract with that retailer.
    Any additional crap one party wants to enforce has to be made part of that contract; if the EULA isn't made explicitly a part of that contract, it's not enforceable:
    If the seller hides a piece of paper with additional terms the customer doesn't know about somewhere in the box, then those terms aren't enforceable afterwards; and putting a sticker on the box a la "by opening the box, you agree to the unknown terms hidden inside" has been ruled to be a waste of sticker materials.

    But the most important bit:
    If the customer doesn't buy directly from MS (i.e. if MS isn't that retailer), then MS is not a party in that deal and has no say whatsoever regarding its terms
    The customer enters into a contract with the retailer and nobody else.
    There's no business relationship being established between the customer and MS just because MS happens to be the manufacturer of a product which the customer bought from somebody else.