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Unwanted Windows 10 upgrade costs Microsoft $10,000 through lawsuit

By Scorpus
Jun 27, 2016
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  1. Microsoft has been forced to compensate a user for the automatic and unwanted installation of Windows 10 on their computer. Teri Goldstein, the operator of a Californian travel agency, was awarded $10,000 through a lawsuit that alleged the forced installation caused her PC to become slow and unusable.

    Goldstein was seeking damages for lost wages and the cost of a new PC after Microsoft support failed to adequately resolve the issue. Microsoft initially appealed the judgment, but withdrew the appeal last month to "avoid the expense of further litigation".

    While Windows 10 has been positively received since its launch last year, many users have been complaining about Microsoft's aggressive update methods on previous operating systems, particularly Windows 7. Microsoft has been sending a never ending wave of update nags to Windows 7 users, and in some cases Windows 10 has been installed automatically.

    This ruling could encourage other users affected by automatic updates to sue Microsoft in a similar fashion. Of course Microsoft will most likely appeal any further decisions if they receive a deluge of lawsuits, but there is at least a precedent for Microsoft paying money to an affected user.

    For those who'd rather not sue Microsoft, there's good news just around the corner: Microsoft will be ending its free Windows 10 upgrades after July 29th, so the 'Get Windows 10' app and its pop-up prompts will soon be disappearing.

    Permalink to story.

     
  2. MonsterZero

    MonsterZero TS Addict Posts: 229   +89

    I clearly see an X there in the top right corner, so how did it "force" you to upgrade?
     
  3. Nobina

    Nobina TS Evangelist Posts: 861   +340

    By installing it in the background even though you clicked X gazillion times it nagged you to do it.
     
  4. lripplinger

    lripplinger TS Addict Posts: 260   +90

    Just because Microsoft claims that the "free upgrade notification" will end in July, doesn't mean it will. They are desperate to get folks moved to Windows 10, so who says they won't extend it anyway? The whole "free upgrade ending" is more like a ploy to scare people into upgrading.
     
  5. FloofyFox

    FloofyFox TS Rookie

    http://www.techspot.com/community/topics/microsoft-accused-of-deceiving-people-into-upgrading-to-windows-10-with-updated-pop-up.227195/

    Clicking the X doesn't cancel the Windows 10 upgrade, it just closes the pop-up box. Microsoft will still schedule an install eventually even if the user just keeps clicking the X. Unless the user actually goes into Windows update and unchecks and hides the Windows 10 upgrade when it appears, then the install will go through as scheduled. 99% of Windows users will not go and check Windows updates and hide that, so I'd call that a forced upgrade.
     
    treetops likes this.
  6. Raoul Duke

    Raoul Duke TS Guru Posts: 930   +354

    wasn't there an article that mentioned if you clicked on the X that you were actually giving consent to the install?
    edit: which is contrary to all other windows behaviour, you would expect to be cancelling
     
    cliffordcooley and mailpup like this.
  7. Vrmithrax

    Vrmithrax TechSpot Paladin Posts: 1,290   +239

    As others have noted, you must not have seen the flood of complaints and issues about how Microsoft upgraded the Windows 10 update priority in Windows Update. Many people (my wife included) just clicked the X to close the box and ignore it, and the next time the computer was rebooted Win 10 installed itself. There was no consent or intent, just Microsoft's overshadowing ego assuming it knows better than users what they want or need.

    Typical Microsoft mentality. Reminds me a lot of the launch of Windows 8 and their argument that touch is the future so you just had to get used to the new Start screen and quit pining for the old desktop and Start menu. Then they can't understand why business is not falling all over themselves to adopt Win 8, apparently without considering basic facts like the potentially hundreds of millions of business computers that don't have touch screens nor would touch be ergonomically feasible to use in their environment. Microsoft oversteps constantly, with little consideration for consequences until things are pointed out later.
     
    Phr3d and cliffordcooley like this.
  8. mrjgriffin

    mrjgriffin TS Booster Posts: 136   +51

    LOL 10 grand. Microsoft slaps people with 10 grand wtf.
     
  9. Ascaris

    Ascaris TS Booster Posts: 72   +27

    I don't think it's that they think they know better; I think they just don't care. Getting 10 on as many devices as possible is the goal, and the line of thought pretty much ends there. If that's their goal, then that is what they will do, come hell or high water.
     
  10. treetops

    treetops TS Evangelist Posts: 1,954   +162

    They really want that ad revenue. Windows 10, like 8, with ads. Oh yeah and it also makes some people wifi\ethernet connect stop working. The mass of people who do not know how to update their network adapter from the site end up buying a new computer.
     
  11. Phr3d

    Phr3d TS Booster Posts: 242   +44

    I ask everyone to Really stop a moment, and imagine being in this guy's position.
    Small Office, one computer, Critical to his income.
    He clicks the "X" to close the upgrade he does not want, and returns the following day to said Critical computer unable to function. His customer's needs are time based, his income dependent upon customer's positive experience, and he Can Not operate his business while on the phone with the helpful folks at Malsoft, and further, they are unable to restore his Critical computer to functionality.

    $10k was cheap when imagining his lost business and customer sentiment when their vacations went haywire due to their agent being 'off the air' as their data was locked in the latest Malsoft doorstop..

    ♪ the Balmer-y Ree-Ma-ainss.. ♫
     
    cliffordcooley likes this.
  12. cliffordcooley

    cliffordcooley TS Guardian Fighter Posts: 8,560   +2,901

    I knew this was coming. It was only a matter of time. Now I'm waiting for the return of having the option to turn Windows 10 updates off. Because we all know they are just as bad as this Upgrade to Windows 10 notification.
     
  13. Boilerhog146

    Boilerhog146 TS Booster Posts: 150   +21

    Well, come on with the free updates then.you mess up my rig to the point I can't recover .I'll sue your azzz to mars as well.
     
  14. 3ogdy

    3ogdy TS Rookie

    How about we add an EXCREMENTLOAD of zeros to that number? If you're a prostitute, Microsh¡t, then pay for it!
    Again, people's computers = people's decisions - that means NOT YOURS, Microsoft.
     

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