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posted by martyb on Tuesday June 28 2016, @11:22AM   Printer-friendly
from the you-can-upgrade-my-PCs-for-$10K...each dept.

Two Soylentils wrote in with news of a modern-day battle of David vs Goliath — a user who had had enough with an automated upgrade to Windows 10, took Microsoft to court, and won.

Woman Wins Lawsuit Over Unwanted Windows 10 Installation

A California woman has won $10,000 in compensation from Microsoft after Windows 10 automatically tried and failed to install on her Windows 7 computer.

The automatic install of Windows 10 failed, leaving her with a unstable and often unresponsive computer used to run her travel agency from an office in Sausalito, California.

Teri Goldstein reportedly said: "I had never heard of Windows 10. Nobody ever asked me if I wanted to update."

After attempting to fix the problem with Microsoft's support, Goldstein sued the company for a new computer and loss of earnings, winning $10,000. Microsoft dropped its appeal to avoid further legal expenses, leaving Microsoft footing the bill.

[...] In March, users started complaining that Windows 10 automatically started to install on their computers without their permission, leading some to hilarious interruptions to weather forecasts and pro-gaming sessions alike.

The forceful rollout has angered users, but has also boosted Windows 10 numbers, crossing 270 million users by the end of March 2016, running on 17.43% of the worlds' computers - second only to Windows 7 - according to data from Netmarketshare.

Whether the lawsuit and $10,000 judgment will spawn further suits over failed or forced Windows 10 installs remains to be seen. Goldstein has shown it's possible, which could open the floodgates.

Windows $10k has a certain ring to it.

[Continues...]

Californian Awarded $10,000 in Lawsuit Over Forced Windows 10 Upgrade

Do you know anyone who has lost money as a result of the Win10 upgrade? Travel Agent Teri Goldstein was out $17,000 in lost wages as a result of being unable to access her documents after a wedged upgrade bricked her PC:

Customer wins $10K judgment from Microsoft over unauthorized Windows 10 upgrade

Teri Goldstein, the owner of Sausalito, Calif.-based TG Travel Group LLC, said that she had not approved the upgrade from Windows 7 to Windows 10. After the upgrade repeatedly failed, the machine was almost unusable, frequently crashing and forcing her to restore files, not recognizing her external hard drive, and demanding that she use multi-step workarounds simply to log on each day. "It just limped along," Goldstein said in an interview.

[...] Meanwhile, her business was taking a pounding. "September to December is my busiest season," Goldstein said, adding that she could not shut down her company the week or more it would take to buy a new PC and have her IT consultant set it up, provision it with the software she needed, and transfer her files. At the same time, she fielded calls from clients asking why she hadn't answered their emails, which were inaccessible because of the crippled computer. Some of those customers canceled their bookings.

[...] According to the notes Goldstein had kept on her dilemma, which she shared with Computerworld, one customer service representative -- whose name, email and phone number she had been given by a Microsoft retail store in San Francisco -- was "continually rude, unwilling to assist me," and eventually told her "Do not ever contact me again."

By mid-January, Goldstein had had enough. "That was when they offered me $150 to go away," she said today. "I used that as proof of guilt. They knew what was happening."

[...] In March, her claim was heard. Goldstein came prepared with documentation, including years of her firm's revenue to show the losses caused by the lack of a working PC. Microsoft, on the other hand, sent someone from the local retail store, not an attorney.

"This very honest kid came in, and said they had pulled him out of the store at 4:30 to go to court," said Goldstein. "They didn't even prepare for it."

(California does not permit attorneys in Small Claims Court.)


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  • (Score: 1, Insightful) by Anonymous Coward on Tuesday June 28 2016, @02:57PM

    by Anonymous Coward on Tuesday June 28 2016, @02:57PM (#367092)

    Gah! systemd!

    Eh, like it or hate it at least systemd is open source.

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  • (Score: 2) by mhajicek on Tuesday June 28 2016, @05:27PM

    by mhajicek (51) on Tuesday June 28 2016, @05:27PM (#367164)

    Let me know when it will run Solidworks, Mastercam, and Vericut.

    --
    The spacelike surfaces of time foliations can have a cusp at the surface of discontinuity. - P. Hajicek
    • (Score: 1, Informative) by Anonymous Coward on Tuesday June 28 2016, @07:55PM

      by Anonymous Coward on Tuesday June 28 2016, @07:55PM (#367250)

      There is at least 1 developer of whom I am aware whose app has become the most-used of its kind because he always assures that his stuff is WINE-compatible and has been for over a decade. [google.com]

      ISTM you have allowed yourself to become the prisoner of inferior developers and inferior businessmen.
      ...and, of course, the prisoner of the OS vendor you are required to use because of that.

      -- OriginalOwner_ [soylentnews.org]

    • (Score: 0) by Anonymous Coward on Tuesday June 28 2016, @11:01PM

      by Anonymous Coward on Tuesday June 28 2016, @11:01PM (#367321)

      Let me know when it will run Solidworks, Mastercam, and Vericut.

      No, we will not. You cannot expect all of SoylentNews to be enablers of your enslavement to your Dark Master. Come back from the Dark Side. Linux comes with cookies!