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Re:'Windows 10 destroyed our data' Microsoft taken to US court by mirimir on Friday March 24, 2017 @07:37PM (#13953129)
If Microsoft installed Windows 10 without explicit instruction from a user, the license terms are irrelevant.
Re:'Windows 10 destroyed our data' Microsoft taken to US court by Arizhel on Friday March 24, 2017 @08:27PM (#13953343)
But they didn't. The user specifically allowed Microsoft to install software updates, at its discretion, on the user's computer. That's what they did, except this one was a really big update.
Re:'Windows 10 destroyed our data' Microsoft taken to US court by mirimir on Friday March 24, 2017 @08:32PM (#13953363)
I doubt that judges will accept that Windows 10 was an "update".
Re:'Windows 10 destroyed our data' Microsoft taken to US court by mark212 on Friday March 24, 2017 @09:38PM (#13953595)
No they're not. If the previous version of the license has a class action waiver and arbitration clause then all future disputes are covered under that provision. Failure to consent to the Win10 license means nothing. (Might be a great individual claim in arbitration but who cares?)