CrAKeN Posted March 25, 2017 Share Posted March 25, 2017 'Dodgy' unwanted operating system update sparks potential class-action lawsuit Three people in Illinois have filed a lawsuit against Microsoft, claiming that its Windows 10 update destroyed their data and damaged their computers. The complaint [PDF], filed in Chicago's US District Court on Thursday, charges that Microsoft Windows 10 is a defective product and that its maker failed to provide adequate warning about the potential risks posed by Windows 10 installation – specifically system stability and data loss. Microsoft "failed to exercise reasonable care in designing, formulating, and manufacturing the Windows 10 upgrade and placing it into the stream of commerce," the complaint claims. "As a result of its failure to exercise reasonable care, [the company] distributed an operating system that was liable to cause loss of data or damage to hardware." The attorneys representing the trio are seeking to have the case certified as a class action that includes every person in the US who upgraded to Windows 10 from Windows 7 and suffered data loss or damage to software or hardware within 30 days of installation. They claim there are hundreds or thousands of affected individuals. The complaint enumerates a number of alleged problems with the way the Windows 10 update presents itself to Windows users, noting that it "often installs itself without any action being taken by the consumer." Microsoft recently changed its Windows update behavior to allow for more user input. "Prior to the Creators Update, Windows 10 made most of the decisions for you regarding when updates would be installed, and didn't provide ways to tailor the timing to your specific needs," wrote John Cable, director of program management in the Windows servicing and delivery team in a blog post earlier this month. "What we heard back most explicitly was that you want more control over when Windows 10 installs updates." According to the complaint, Windows 10 installed itself onto plaintiff Stephanie Watson's computer without her consent and then erased data, some of it related to her work. She hired Geek Squad to repair the machine, with only partial success, and ended up having to purchase a new computer. Plaintiff Robert Saiger, the complaint says, consented to the Windows 10 update, only to have his computer stop functioning. He lost data, then lost time and money, while incurring aggravation attempting to recover the data. Plaintiff Howard Goldberg "elected to accept Windows 10 after declining over 6 months of daily prompts requesting him to download it." After three attempts to do so, the result was a non-functional computer and lost data. Last June, a California woman won $10,000 after a Windows 10 update disabled her PC. In September, UK-based consumer group Which? noted that Windows 10 updates were being deployed without consent, despite Microsoft's insistence that users have a say in the matter. Microsoft was unable to comment at time of publication. Microsoft doesn't think much of the lawsuit. "The Windows 10 free upgrade program was a choice designed to help people take advantage of the most secure, and most productive Windows," a Microsoft spokesperson said in an email to The Register. "Customers had the option not to upgrade to Windows 10. If a customer who upgraded during the one year program needed help with the upgrade experience, we had numerous options including free customer support and 31-days to roll back to their old operating system. We believe the plaintiffs’ claims are without merit." Source Link to comment Share on other sites More sharing options...
virge Posted March 25, 2017 Share Posted March 25, 2017 1. You should always backup your data before installing a new or upgrade any os. 2. The TOS in Windows clearly states Microsoft is not responsible for any loss of data as result of the upgrade. It actually says to perform a system backup first. 3. This case will be tossed out of court.. you can sue for anything these days, but if your too damn stupid not to backup before doing a major upgrade, you deserve what you get. 4. We have no idea the age/type/condition of the computer they were using, for all we know, they could be using a crappy Seagate HD that was full of bad sectors. 5. Always do a clean install. nuff said. Link to comment Share on other sites More sharing options...
straycat19 Posted March 25, 2017 Share Posted March 25, 2017 1 hour ago, virge said: 1. You should always backup your data before installing a new or upgrade any os. 2. The TOS in Windows clearly states Microsoft is not responsible for any loss of data as result of the upgrade. It actually says to perform a system backup first. 3. This case will be tossed out of court.. you can sue for anything these days, but if your too damn stupid not to backup before doing a major upgrade, you deserve what you get. 4. We have no idea the age/type/condition of the computer they were using, for all we know, they could be using a crappy Seagate HD that was full of bad sectors. 5. Always do a clean install. nuff said. You have no idea of what is allowed and why this case will go forward. Since you don't know when the OS is going to update itself you have no warning to backup your data. Microsoft does not include an automatic data backup that takes place before an update is installed. EULA/TOS have been tossed out numerous times in civil trials as being too binding and not showing common sense. I can write down anything I want in a TOS but until a court says it is OK it is just words. There are over a million people who have complained about the same thing that will become part of the class action suit when it goes forward. Additionally, every post on every website with respect to problems with the OS can be added as evidence that the OS is flawed. Read the complaint carefully, everything it accuses Microsoft of doing is accurate and there are millions of web posts backing up every point made in the complaint. Link to comment Share on other sites More sharing options...
Karlston Posted March 25, 2017 Share Posted March 25, 2017 Best news I've read in ages. I hope Microsoft get their sorry, nagging, forcing, sneaking, tricking, deceitful, deceptive, lying arses nailed to the wall. Link to comment Share on other sites More sharing options...
LOQUILLO Posted March 25, 2017 Share Posted March 25, 2017 5 hours ago, virge said: 1. You should always backup your data before installing a new or upgrade any os. 2. The TOS in Windows clearly states Microsoft is not responsible for any loss of data as result of the upgrade. It actually says to perform a system backup first. 3. This case will be tossed out of court.. you can sue for anything these days, but if your too damn stupid not to backup before doing a major upgrade, you deserve what you get. 4. We have no idea the age/type/condition of the computer they were using, for all we know, they could be using a crappy Seagate HD that was full of bad sectors. 5. Always do a clean install. nuff said. Hi @virgeyou work for Microsoft? Link to comment Share on other sites More sharing options...
humble3d Posted March 25, 2017 Share Posted March 25, 2017 The Nazi-Fascists are marching in our streets... Stop the madness... Link to comment Share on other sites More sharing options...
WALLONN7 Posted March 25, 2017 Share Posted March 25, 2017 ! 2 hours ago, LOQUILLO said: 8 hours ago, virge said: 1. You should always backup your data before installing a new or upgrade any os. 2. The TOS in Windows clearly states Microsoft is not responsible for any loss of data as result of the upgrade. It actually says to perform a system backup first. 3. This case will be tossed out of court.. you can sue for anything these days, but if your too damn stupid not to backup before doing a major upgrade, you deserve what you get. 4. We have no idea the age/type/condition of the computer they were using, for all we know, they could be using a crappy Seagate HD that was full of bad sectors. 5. Always do a clean install. nuff said. Hi @virgeyou work for Microsoft and Western Digital? It's known that Segate had its problems with some HDD series, but as one brave Brazilian woman and admirable politician would say: "the generalization is machiavellian"!! Link to comment Share on other sites More sharing options...
humble3d Posted March 25, 2017 Share Posted March 25, 2017 7 hours ago, straycat19 said: You have no idea of what is allowed and why this case will go forward. Since you don't know when the OS is going to update itself you have no warning to backup your data. Microsoft does not include an automatic data backup that takes place before an update is installed. EULA/TOS have been tossed out numerous times in civil trials as being too binding and not showing common sense. I can write down anything I want in a TOS but until a court says it is OK it is just words. There are over a million people who have complained about the same thing that will become part of the class action suit when it goes forward. Additionally, every post on every website with respect to problems with the OS can be added as evidence that the OS is flawed. Read the complaint carefully, everything it accuses Microsoft of doing is accurate and there are millions of web posts backing up every point made in the complaint. While that IS all true, the fact remains the Military-Industrial Complex also controls the courts and MSFT is their darling... Link to comment Share on other sites More sharing options...
bigcid10 Posted March 25, 2017 Share Posted March 25, 2017 OH,Stop crying and learn how to back your Sh!t up ! upgrading and installing OS's is not for children and should be performed by qualified People or accept the wrath of Micro$oft Link to comment Share on other sites More sharing options...
WALLONN7 Posted March 25, 2017 Share Posted March 25, 2017 Microsoft's new spokesperson Link to comment Share on other sites More sharing options...
virge Posted March 25, 2017 Share Posted March 25, 2017 4 hours ago, LOQUILLO said: Hi @virgeyou work for Microsoft? I used to work for Microsoft, but that was many years ago when the company wasn't going down in flames with bad ideas. All I am saying is any logical person would backup their data before performing a huge upgrade. I'm not going to argue who is right and who is wrong here, that will be up to the judge to decide. Link to comment Share on other sites More sharing options...
Karlston Posted March 25, 2017 Share Posted March 25, 2017 Woody's take... A legitimate-looking lawsuit claiming damages for the Win10 coerced upgrade Many of you have posted here, and written to me privately, threatening to sue Microsoft for the pushy nature of the “Get Windows 10” campaign. It looks like one firm, the Chicago firm of Edelman, Combs, Latturner & Goodwin LLC, has taken up the challenge. As reported in The Register (yes, in the UK) yesterday, reports on a filing in Chicago US District Court on Thursday, claiming MS failed to exercise reasonable care in designing, formulating, and manufacturing the Windows 10 upgrade and placing it into the stream of commerce… As a result of its failure to exercise reasonable care, [the company] distributed an operating system that was liable to cause loss of data or damage to hardware. You can read the complaint here. The attorneys are seeking class action status. Based on reports on the Edelman Combs web site (which I haven’t independently confirmed), the firm has experience in the field. Edelman declares: Areas of Practice: 25% Consumer Law 75% Class Actions Deceptive Trade Practices You might want to take advantage of the firm’s “Contact Us” box on any of its web pages to see if you qualify for joining the class. Source: A legitimate-looking lawsuit claiming damages for the Win10 coerced upgrade (AskWoody) Link to comment Share on other sites More sharing options...
steven36 Posted March 25, 2017 Share Posted March 25, 2017 LOL the only time anyone ever won anything from Windows 10 was in small claims court that's because it was not worth fighting for ..Microsoft stock is mostly owned by 12 billionaires. A Class Action would cause Microsoft to fight all way too the supreme court if they had too. Even the DOJ lost many cases to Apple and Microsoft over the last few years . And even if the public did win witch chances are very slim that would not make them do better with old OS it may make them create a better OS in the future if you're lucky they still could just decide to take the lost and still not change . They have the money they can take a loss . They been hording all there profits in offshore banks for years so they don't have too pay taxes. Back in 2015 they lost $2.1 billion in one quarter over Windows Phones did that stop them from making Windows 10? no it just caused them loo lay people off and lose there jobs and closing a lot to do with phones . http://www.theverge.com/2015/7/21/9010403/microsoft-earnings-report-q4-2015 If worse came to worse they would cut way down on making Desktop OS and lay them off too ..They have cloud and other stuff they profit on Windows not made them no profits in years. You cant turn a company who wants to stop being just known for making desktop OS that makes a whole bunch of shit back in too just a desktop OS company again. Back when windows XP , Vista , Windows 7 and Windows 8.1 they was picky about who they let beta test you had to prove you knew what you was doing it was private beta but now they do public beta and let people who dont know nothing test and its caused a lot of problems. Articles about lawsuits like these make good hits for people who chose not not use Windows 10 but they still dont make you're master Microsoft care about you and you're old OS they dont care about nothing but making money! Haters people who dont use windows 10 are more obsessed about Windows 10 than people who really use it . Link to comment Share on other sites More sharing options...
WALLONN7 Posted March 25, 2017 Share Posted March 25, 2017 And once again, we have the dirty talking about the poorly washed... There is a big difference between punctuating the evil done, taking facts as a basis, and pouring out a series of curses by being easy to do it... What intrigues me is finding people who dance to music and try to sell the image of the only person sitting at the ball... Link to comment Share on other sites More sharing options...
steven36 Posted March 25, 2017 Share Posted March 25, 2017 You cant make a company that's ran by a different CEO care again , They only person who really cared about Desktop OS was Bill Gates , Steve Ballmer said the worse thing he done was not getting involved in making other stuff sooner Gates held him back . Gates and is Ballmer is no longer boss . They brought in Satya Nadella too downsize and cut cost ..Hes one of those people who cut comers anyway he can . They rather not make windows OS at all if they cant profit off of it for good . That's why they put ads and things in windows 10 because people only buy windows like every 6 years . So they sure dont have any real love for people who stayed back on windows 7 .They dislike you as much as you dislike them, because there jobs are at stake if they dont make a profit and using something they dont sell cant make them a profit.. so you cost them money now . Windows 10 came to be because no one much bought Windows 8x this was made by Ballmer . From people staying back on Windows XP and Windows 7 got Ballmer upset and he left Now we have Nadella who tired too force you on Windows 10 with ads so they can profit off you again and hes not into hiring good workers to make Windows hes into laying them off then he uses the public to beta test windows for free this saves him even more money . But people not buying Windows 8 caused all this it ran Ballmer off. Link to comment Share on other sites More sharing options...
Karlston Posted March 25, 2017 Share Posted March 25, 2017 3 hours ago, steven36 said: LOL the only time anyone ever won anything from Windows 10 was in small claims court that's because it was not worth fighting for Or the amount of damages claimed was too small for it to go to a higher court? 3 hours ago, steven36 said: A Class Action would cause Microsoft to fight all way too the supreme court if they had too. That's fine, bring it on, just more bad publicity for the Microsoft thugs. But based on history, the bad-publicity-shy Microsoft would likely settle a lot earlier than that. 3 hours ago, steven36 said: And even if the public did win witch chances are very slim that would not make them do better with old OS You miss the point. This is all about Microsoft riding roughshod over users and Microsoft's unconscionable behaviour to upgrade users to the point of destroying the users' data and OS. 3 hours ago, steven36 said: They have the money they can take a loss The court and prosecution will take Microsoft's wealth into account when deciding on the amount of damages to claim for and how much they have to pay. 3 hours ago, steven36 said: Haters people who dont use windows 10 are more obsessed about Windows 10 than people who really use it . Plenty tried Windows 10, disliked it, and reverted back to a stable, mature and user-controllable Windows version (AKA 7 or 8.1). I speak from experience, and still have a VM version that I keep (safely) up to date, and tinker with often. I still see little that convinces me that it's any more useful to me than Windows 8.1, and plenty that it's worse. Microsoft could add a Windows 10 feature that prints genuine, legal banknotes, and legions of users still wouldn't touch it. Courtesy of Microsoft's unethical behaviour and design, It has a taint and a stench about it that will probably never go away. Link to comment Share on other sites More sharing options...
steven36 Posted March 25, 2017 Share Posted March 25, 2017 48 minutes ago, Karlston said: You miss the point. No you miss the point bro because you're telling me instead of Microsoft , You're telling someone who dont care and uses windows 10 and i dont have trouble . I run a me program I could care less about you're or the worlds problems with Microsoft . In the USA you are innocent unless proven guilty ..You have Microsoft losing a case they never lost yet by they law there still innocent. Only thing that matters is what the Judge thanks in the end not what you think or what i think.. Is any one on this site taking Microsoft too court ? I doubt it. only I see haters cheering on on each other and people they dont even know who they are that had the guts to do something and most likely want even win , Nothing personal i see at other sites too . But I dont see it doing any good Why do the haters do nothing themselves but complain about it? . Are you going too take Microsoft too court then I would be interested in that because it would be someone I talked too? Why do people. wait tell someone they dont even know does something and expect them change things for them instead of doing it themselves ? Because they rather complain than do something .no wonder nothing never changes really .Actions speaks loader than words and I see lots of News that was overblown and twisted with lies everyday. Link to comment Share on other sites More sharing options...
luisam Posted March 26, 2017 Share Posted March 26, 2017 23 hours ago, CrAKeN said: Microsoft doesn't think much of the lawsuit. "The Windows 10 free upgrade program was a choice designed to help people take advantage of the most secure, and most productive Windows," a Microsoft spokesperson said in an email to The Register. "Customers had the option not to upgrade to Windows 10. If a customer who upgraded during the one year program needed help with the upgrade experience, we had numerous options including free customer support and 31-days to roll back to their old operating system. We believe the plaintiffs’ claims are without merit." The Windows 10 update was free but there are any number of users who were given no choice or somehow were tricked to upgrade without their proper knowledge that they actually were accepting the update. In theory maybe they had the option not to upgrade but in reality many users hadn't even the idea that they were updating from Windows 7, 8 or 8.1. As my son told me: on day his laptop awoke "different". He didn't even understood what happened until I told him he had Windows 10 installed. How come, if he bought it with Windows 8.1 and he never remembered having accepted an update from Microsoft. Happens that even if he is not a computer illiterate, he is mainly a user, his only concerns are his applications and data. He was lucky, had no data loss, just some features didn't work as before and I helped him to put it again back to normal, of course, keeping Windows 10 because I didn't want to risk the roll back. An atypical, uncommon situation? Well, the SAME thing happened with his older computer which had Windows 7, also my sister's and my daughter's computers were luckily updated without their knowledge, suffereing just minor inconveniences that could be solved! 4 cases in a closed family circle, though not my case. Simply because one of my systems is Windows XP and the other is Windows 7 with Windows Update disabled, loading only previously checked updates. I actually installed it, used it for about 3 days and didn't like it so reinstalled Windows 7. I'm not a Windows 10 hater; simply it is not the proper OS for my 9 years old computer, originally made for Vista. I'm not an attorney and I'm not affected by this forced update issue but I believe if a class action is started against Microsoft, there will be enough testimony and proofs to put them in a tight spot. Many users were never given the oportunity to make a backup of their data or check the condition of their hardware Link to comment Share on other sites More sharing options...
steven36 Posted March 26, 2017 Share Posted March 26, 2017 Here is a example of a class action against Microsoft back in 2011 they file class action againt Xbox over Disc scratching , well Microsoft has took it all the way too U.S. Supreme Court now it's March 2017 and it looks like Microsoft is going too win Supreme Court sympathetic to Microsoft in Xbox owners' suit (Update) Quote The Supreme Court suggested Tuesday, March 21, 2017, that it is sympathetic to Microsoft Corp. in a dispute with disgruntled owners of the Xbox 360 video-game system who sued saying the console has a design defect that scratches game discs. Full Story https://phys.org/news/2017-03-supreme-court-sympathetic-microsoft-xbox.html Taking Microsoft too court is a long shot and nothing may change in 6 years and still most likely Microsoft will win. So there saying windows 10 updates botched there Hard Drive If a class action is filed we will be done forgot about it by the time a verdict is reached . see you in about 6 years. Windows 10 will be 8 or 9 years old by then, Quote Class action cases can lead to larger damages or broader remedies than individual lawsuits. The prospect of winning large damages in a class action can be the only way for consumers to find lawyers to take their cases, so a denial of this certification can effectively end some lawsuits. The company said class certification was improper because just 0.4% of Xbox owners reported disc scratches, and that misuse was the cause. A federal judge in Seattle dismissed the class action claims in 2012. http://fortune.com/2017/03/21/supreme-court-microsoft-xbox/ Fact is though Microsoft has lost many cases before going back all the way to the 1990s you can look at them all here, https://en.wikipedia.org/wiki/Microsoft_litigation They have paid out billions of dollars in damages and they just get worse every year they just take the lost and it never does no good. LOL So if you thank this is there 1st rodeo in court you're sadly mistaken they have been in court from everything from stealing to being a monopoly and it never done no good. they still have over a $400 billion market value. today. They stole Java and QuickTime back in the day and had to stop making it now both are security vulnerability software today on windows .Apple stop updating QuickTime for windows now. My 1st PCs had Microsoft Java stolen Java lol https://www.cnet.com/news/sun-microsoft-settle-java-suit/ Now Google is in court for most of the things Microsoft done so nothing changes but the names and the year . Link to comment Share on other sites More sharing options...
Karlston Posted March 26, 2017 Share Posted March 26, 2017 3 hours ago, steven36 said: Because they rather complain than do something .no wonder nothing never changes really .Actions speaks loader than words and I see lots of News that was overblown and twisted with lies everyday. Microsoft has demonstrated that they do not listen to complaints. The best action is exactly what around 1 billion Windows users are doing right now... avoiding Windows 10 and running earlier Windows versions. Once Microsoft runs out of dirty tricks, even their executive thickheads will figure it out. 'nuff said... Link to comment Share on other sites More sharing options...
steven36 Posted March 26, 2017 Share Posted March 26, 2017 50 minutes ago, Karlston said: Microsoft has demonstrated that they do not listen to complaints. The best action is exactly what around 1 billion Windows users are doing right now... avoiding Windows 10 and running earlier Windows versions. Once Microsoft runs out of dirty tricks, even their executive thickheads will figure it out. . Windows 7 have many users now but this is just short term because most will have no choice but to switch too something else within the next few years if you're company is audited and business makes up almost 50% of the market No more updates they get fined and Microsoft dont sell windows 8.1 keys any more and Most people who use windows 10 already are home users . They started focusing on business when the stopped the free upgrade home users already have 1 to 5 pcs they dont have too buy one every 6 years if they dont want too , they have a option of not of doing updates.. Even on Windows 10 i can stop updates easy. Millions stayed on XP tell the fat lady singed and now 3rd party vendors are dropping updates as well . But that never stopped Microsoft from pushing Windows on businesses that get audited. The US military and China already have big contrasts with Microsoft for windows 10 there not going too stay behind like they did on xp and have too pay all that money out. Quote Windows 10 exceeding 400 million users and with a robust PC ecosystem http://www.digitaltrends.com/computing/adduplex-data-shows-strong-windows-10-anniversary-update-rollout/ Link to comment Share on other sites More sharing options...
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