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[EuroGamer] Woman awarded $10k after suing Microsoft for sneaky Windows 10 upgrade - Page 5  

post #41 of 100
Quote:
Originally Posted by Lady Fitzgerald View Post

Two pertinent facts many of you are overlooking is the failed, unwanted update occurred shortly after Win 10 was released last summer and MS has admitted to no guilt with the settlement.

I, at least, am well aware of this. However, this does not mean a wave of class action suits can't follow.

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post #42 of 100
Quote:
Originally Posted by Defoler View Post

Courts around the world already knowledge that EULA does not mean law, and it means nothing.
The wording of EULAs today are so vague, that MS can basically block you out of your MS if you sneeze while being on the phone with their customer support, and the guy on the other end feels offended.

Besides, it is common knowledge that people aren't reading 100 pages of non-law-undertanding-language and just hit "accept. Also when a company change their EULA, in the middle of using the product after they changed it, without allowing you to revert those changes, is a complete unfair practice which makes having to accept EULA in order to keep using the product, a one-sided unfair contract, which has a lot of limits in may courts around the world.

So TLDR: Replaying Yes to EULA means absolutely nothing. Also, she was not even asked to say "yes I want to install a different OS that what I have now". Updates and a brand new OS is not the same thing, and the windows 7 or 8 EULA does not give MS an all out decision of what to do with your computer whenever they want and whatever they want.

I just came across this when looking through the EULA for a new version of a program (snagit). Notice "C" , decided I was no longer interested in the software after seeing it.

YOU ACKNOWLEDGE AND AGREE: (A) THAT YOU ARE NOT AN OWNER OF THE SOFTWARE OR ANY COPIES OF THE SOFTWARE; (B) THAT YOU ARE A MERE LICENSEE OF THE SOFTWARE AND ANY COPIES OF THE SOFTWARE WITHOUT ANY RIGHT TO FURTHER TRANSFER OR DISTRIBUTE THE SOFTWARE OR ANY COPIES OF THE SOFTWARE OR PROVIDE ACCESS TO THE SOFTWARE IN ANY MANNER WITHOUT TECHSMITH’S PRIOR WRITTEN CONSENT; (C) NOT TO CHALLENGE THE ENFORCEABILITY OR VALIDITY OF THIS EULA; AND (D) NOT TO INITIATE ANY PROCEEDINGS INCONSISTENT WITH THE TERMS AND CONDITIONS OF THIS EULA.
post #43 of 100
Quote:
Originally Posted by delerious View Post

I just came across this when looking through the EULA for a new version of a program (snagit). Notice "C" , decided I was no longer interested in the software after seeing it.

YOU ACKNOWLEDGE AND AGREE: (A) THAT YOU ARE NOT AN OWNER OF THE SOFTWARE OR ANY COPIES OF THE SOFTWARE; (B) THAT YOU ARE A MERE LICENSEE OF THE SOFTWARE AND ANY COPIES OF THE SOFTWARE WITHOUT ANY RIGHT TO FURTHER TRANSFER OR DISTRIBUTE THE SOFTWARE OR ANY COPIES OF THE SOFTWARE OR PROVIDE ACCESS TO THE SOFTWARE IN ANY MANNER WITHOUT TECHSMITH’S PRIOR WRITTEN CONSENT; (C) NOT TO CHALLENGE THE ENFORCEABILITY OR VALIDITY OF THIS EULA; AND (D) NOT TO INITIATE ANY PROCEEDINGS INCONSISTENT WITH THE TERMS AND CONDITIONS OF THIS EULA.

Just remember EULA are not set in stone or aren't laws or aren't that good of contracts.

How valid would it be if Apple slipped in that they can kill you when ever they feel like it once you click "Agree?"

It's not valid, so that means the EULA is open to interpretation. And that means its open to interpretation for various other reason other than selling your soul.

Disagreeing with a contract just voids the contract and invokes a penalty described in the contract. It doesn't, outright, prevent you from exercising your rights. A judge might rule against you eventually, though. But at least you got some due process.
Edited by umeng2002 - 6/28/16 at 7:07am
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post #44 of 100
Quote:
Originally Posted by umeng2002 View Post

Just remember EULA are not set in stone or aren't laws or aren't that good of contracts.

How valid would it be if Apple slipped in that they can kill you when ever they feel like it once you click "Agree?"

It's not valid, so that means the EULA is open to interpretation. And that means its open to interpretation for various other reason other than selling your soul.

Disagreeing with a contract just voids the contract and invokes a penalty described in the contract. It doesn't, outright, prevent you from exercising your rights. A judge might rule against you eventually, though. But at least you got some due process.

The fact that they would even try putting language like that in there was enough to discourage me from giving them any more of my money. The only thing I hate more are programs that are always online.
post #45 of 100
Quote:
Originally Posted by looniam View Post

from the SOURCE of the article:
MS's PR much be horrible if she didn't ever hear of W10. tongue.gif

Plenty of older gen people have no clue what it is... my father and his wife both have laptops they barely use and havd no idea what OS is on them.
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post #46 of 100
Quote:
Originally Posted by delerious View Post

I just came across this when looking through the EULA for a new version of a program (snagit). Notice "C" , decided I was no longer interested in the software after seeing it.

YOU ACKNOWLEDGE AND AGREE: (A) THAT YOU ARE NOT AN OWNER OF THE SOFTWARE OR ANY COPIES OF THE SOFTWARE; (B) THAT YOU ARE A MERE LICENSEE OF THE SOFTWARE AND ANY COPIES OF THE SOFTWARE WITHOUT ANY RIGHT TO FURTHER TRANSFER OR DISTRIBUTE THE SOFTWARE OR ANY COPIES OF THE SOFTWARE OR PROVIDE ACCESS TO THE SOFTWARE IN ANY MANNER WITHOUT TECHSMITH’S PRIOR WRITTEN CONSENT; (C) NOT TO CHALLENGE THE ENFORCEABILITY OR VALIDITY OF THIS EULA; AND (D) NOT TO INITIATE ANY PROCEEDINGS INCONSISTENT WITH THE TERMS AND CONDITIONS OF THIS EULA.

Eula's are basically a contract full of disclaimers and terms and as such are only valid if they were brought to your attention prior to you agreeing to the contract, that's why they force you to scroll to the bottom or tick a box, but even then most courts generally do not uphold them as often you will effectively enter the contract before the EULA was brought to your attention or the sheer length of the document far exceeds what you could reasonably expect someone to read effectively voiding itself.

As with all disclaimers and contract terms courts tend to rule in favor of the party which the terms do not benefit and while most try, they're not allowed to restrict the powers of the court.
Edited by Drewminus - 6/28/16 at 8:00am
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post #47 of 100

If EULA's were valid we wouldn't need or have copyright laws. Nearly all EULA's (software) state that you shall not reproduce/copy the software, will not distribute it and you don't own it. So why do we need laws if EULA's are so clear?

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post #48 of 100
Quote:
Originally Posted by SoloCamo View Post

Waste of time for MS, that's all. Secondly, she runs her travel agency off of one computer? She has zero back up for it? What type of magical software was on that machine that she couldn't use another for? Never even heard of Windows 10? Lies, lies everywhere. But hey, we can sue for hot coffee in this country so why not.

Believe it or not, but many people of the world couldn't give half a crap about computers. Join a forum who's subject matter is something polar opposite of anything you enjoy, and read how these people talk about how much they enjoy their hobby, and how it blows their mind that people like you have zero interest or care about it.

Me? Couldn't give a crap about model trains... But people who are full time into it don't understand how I could not be interested or give a crap. It's their life, so they know a lot... Us, computers area big interest, so we know... This lady runs a business where a PC is a tool. She probably couldn't give a crap about it other than it does what it needs to. So its very possible shes never heard of win10 because she could care less...
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post #49 of 100
Quote:
Originally Posted by SwishaMane View Post

Believe it or not, but many people of the world couldn't give half a crap about computers. Join a forum who's subject matter is something polar opposite of anything you enjoy, and read how these people talk about how much they enjoy their hobby, and how it blows their mind that people like you have zero interest or care about it.

Me? Couldn't give a crap about model trains... But people who are full time into it don't understand how I could not be interested or give a crap. It's their life, so they know a lot... Us, computers area big interest, so we know... This lady runs a business where a PC is a tool. She probably couldn't give a crap about it other than it does what it needs to. So its very possible shes never heard of win10 because she could care less...

I have two major interests, the automotive world and the technological world. Both of them I rely on heavily in daily life for both work and play. You don't run your business off of a model train. No different than people who don't know how to change their own tire IMO. If a tool was a major part of my way of life, aka cash flow, I'd certainly take strides to understand it a bit better. But hey, lot's of ignorance out there and as each day goes by it seems to get more of a pass by joe public and the "I need everything handed to me, how dare you expect me to learn or use common sense" crowd. I mean seriously, there are cars that tell you to check your back seat for your own kids. Let alone the plethora of cars that now brake for you whether you wanted to or not...

http://time.com/4369177/gm-rear-seat-reminder/

Seriously?

I guess I just have a hard time seeing someone get paid for their own ignorance and 'caring less'. Just like the many people who don't inflate their tires or change their oil, they could care less too.. until their tire pops or their engine blows. I think we all know those people don't dare actually take some responsibility and only point their finger.
Quote:
Originally Posted by Liranan View Post

The fact that you have no idea why that old lady was awarded the compensation she was shows how much you value your corporate overlords over your own rights.

Yes, my corporate overlord.

If her power supply failed and took the system out, would she have been awarded 10k and a free computer too?

Again, when you can sue for hot coffee and you live in the US and see all the ridiculously frivolous law suits you really start to question everything.
Quote:
Originally Posted by Hueristic View Post

When I see posts like the one you quoted I assume agenda, people can't really be that naive (I would us another phrase but would rather not get infractions from the PC mods).

Yes sir, agenda. Having Bill Gates and ol' Stevie Boy Balmer coming over for dinner tonight to shake hands on our success.

Get off your high horse.

Edit: That said, I think it's pretty clear when I said MS was not wasting their time either way on this hence the payout. My points are directed towards the point of the lawsuit itself.
Edited by SoloCamo - 6/28/16 at 10:52am
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post #50 of 100
Quote:
Originally Posted by jsc1973 View Post

I'm certain that the terms of the settlement make it clear that Microsoft admits no wrongdoing, meaning that the settlement can't be used as a legal precedent at all. They gave her $10,000 to go away.
Quote:
Originally Posted by Lady Fitzgerald View Post

Two pertinent facts many of you are overlooking is the failed, unwanted update occurred shortly after Win 10 was released last summer and MS has admitted to no guilt with the settlement.

Quote:
Originally Posted by looniam View Post

it NOT a settlement; she won a JUDGEMENT.

At least someone read and comprehended the article!
Quote:
Originally Posted by Liranan View Post

The fact that you have no idea why that old lady was awarded the compensation she was shows how much you value your corporate overlords over your own rights.

When I see posts like the one you quoted I assume agenda, people can't really be that naive (I would us another phrase but would rather not get infractions from the PC mods).

Added:
Quote:
Originally Posted by SoloCamo View Post

....Again, when you can sue for hot coffee and you live in the US and see all the ridiculously frivolous law suits you really start to question everything.
Yes sir, agenda. Having Bill Gates and ol' Stevie Boy Balmer coming over for dinner tonight on our success.

Get off your high horse.

And again you prove you have no clue what you Talking about.

Third degree burns on her PRIVATES!!!
Quote:
A New Mexico civil jury awarded $2.86 million to plaintiff Stella Liebeck, a 79-year-old woman who suffered third-degree burns in her pelvic region when she accidentally spilled hot coffee in her lap after purchasing it from a McDonald's restaurant.

Edited by Hueristic - 6/28/16 at 10:53am
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