Thursday, 11 February 2016

MS demands users waive their rights to sue...LEGAL UNDER US LAW

Anyone who thinks Windows 10 is a great operating system or any product MS makes is great should stop right now.

There has been a big furore about a lot of stuff in Windows 10 like forced updates and as a result it is not at all surprising that people are talking about suing Microsoft over the behaviour of their new operating system. 

Softpedia has, in fact, stated in an article dated November 2015 that a class action lawsuit was being considered against MS for poor system performance. This was based on a claim of "thousands of computers made useless by Windows 10". It is not hard to find references to other legal action being considered at all.

It now turns out that MS has been bullying users of its operating systems and online services (including Windows) with service agreements that specifically forbids class action lawsuits or the like. Here is the services agreement to read online.

Now that agreement doesn't cover Windows, but it turns out, in fact, that similar agreements were introduced for Windows 8 back in 2012, with MS quick to exploit a Supreme Court ruling of the previous year. If the US Government permits corporations to bully their customers with terms such as these that remove such rights then America is a far more corrupt country than I had thought previously. But unfortunately, it turns out that in 2011, the US Supreme Court actually released a judgment allowing for such agreements to be legal. US lawmakers have had four years to fix this monumental injustice and have apparently made no effort to address it. California's Supreme Court, at least, in 2005 ruled that such waivers were unconstitutional, but it turned out that some states already permitted them.