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New Mexico man sues Microsoft for $600 million after botched Windows 10 upgrade


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It has been something of a common theme since Microsoft launched Windows 10 back in 2015, with several people suing the company after its aggressive upgrade push. However, a man from Albuquerque, New Mexico has taken this to the next level, and has sued Microsoft - and Satya Nadella for some reason - for damages amounting to $600 million (PDF). To point out, the claim made a significant error, with it quantifying the amount mentioned as $6,000,000,000.00, which is actually $6 billion.


Hilarious errors aside, the problem started for Frank Dickman - according to his legal filing - when his ASUS 54L laptop was upgraded to Windows 10. The device shipped with a copy of Windows 7, however, after the update was done it allegedly became 'non-functional' with the backup being deleted in the process. After contacting Microsoft's customer care line, he was referred back to the OEM - in this case, ASUS - to replace the copy of Windows 7 he had lost during the upgrade. Dickman - per his Statement of Claim - refused this solution since the 'original supplier is untrustworthy', claiming that the only way he could be certain that a 'quality' copy would be supplied to him is by way of Microsoft.


The Register contacted Microsoft for comment, with the spokesperson reacting confused by such a claim. Microsoft has made it quite easy for users who want to revert back to Windows 7, which can be accessed with a mere search online. Not to mention the fact that Windows 10 itself offers a roll-back option if you want to revert within 30 days after installation.


With that said, Microsoft's customer care could have pointed this out to the user, possibly negating the need on his part to sue the company. Dickman is seeking compensatory damages within 30 days if the Redmond giant should fail to supply the option to gain access to 'quality' copies of Windows online, for use with the original OEM key, of course.



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7 hours ago, csmdew said:

Hope he gets count sued for filing a frivolous lawsuit. What an idiot.


Actually if the court throws it out as frivolous Microsoft will just let it drop.  It isn't good for them to go after people who sue them from a marketing standpoint.  On the other hand there have been numerous judgments against Microsoft in the sum of $10,000 for failed Windows 10 upgrades that destroyed individuals data.  So the court could find Microsoft guilty and award him the $10,000 that seems to be the standard.  However, if I was the judge, I would find a middle ground and award him $1 in actual damages and no punitive damages or court costs.

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Since you mention it straycat19, so many people who have updated and trust that their files will be even if they move to another edition, they have lost it. I think this man does not use Windows and just wants to affect the point of commercialization.

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