Originally Posted by charon
Guess the lady in question never replied YES to the EULA or MS would have had her over a barrel. Or did it eat her computer before the EULA came up?
If she replied 'YES' to the EULA and then it ate her computer, then the court just over ruled the protection that MS expected the EULA would have afforded them. Now this would be seismic.
Expect a EULA change if the latter is the case. I have read that the latest EULA is what is in effect even if you said YES, I agree' to a previous one when you accepted the W10 upgrade.
There was a period of time that the Win 10 upgrade process would just start all on its own. I've seen it happen on a Win 7 box sitting about 3 feet from me. My GF for some reason has a hard time dealing with "new" things... I don't push her to upgrade the machine because there is an entirely new machine waiting for her if she wants to use 10.
I stopped the upgrade 3 times when it started happening for no reason... then one day when we were out of the room we came back to see the Win 10 upgrade in progress and I had to stop it. This was around when people started saying the X had been removed from the upgrade window... the X wasn't ever an issue here... it was the fact the upgrade would just suddenly start.
So at least in this case there was no accepting anything... EULA or otherwise... the machine would just suddenly get slow and start doing the Win 10 upgrade or.. as noted... you would walk out of the room and come back in to find it in progress. This stopped happening for us at least.
Personally I had another full price copy... that MS disabled after I used the key too many times changing out hardware. For Z170 I had 12 motherboards... and 6 cpu's. I only ever have one active at a time.. but I change hardware a lot and do clean installs. One day it was locked and their support told me I had used the key too many times. I explained that I have a full copy... not OEM and I'm supposed to be able to do what I am doing as long as I only have it active on the one computer (in other words I'm not activating this on 12 different motherboards at the same time... I am just changing out what is in the case and reinstalling). The outsourced support people told me that even with a retail copy I can't change hardware.... and there wasn't really any recourse beyond that.. so I lost a $200 full retail key I paid for... not every copy of Windows 10 was free...
I doubt I'm the only person they have pulled this on.. so I would expect more lawsuits of various kinds to follow in regards to Win 10. Of course now once your hardware is saved on their servers... you don't have to enter the key again to do a clean install... but this wasn't always the case and that's when I had the issue.. because I had to use the key to do a clean install.