Class action lawsuit if you were harmed by the downloading of Windows 10 upgrade files

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If you have a legitimate gripe about Microsoft downloading that 3 to 5 GB trove of Windows 10 update files, the firm of Abbot Law Group PA wants to he
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If Windows 10 unexpectedly lands on my computer, in spite of everything I do, I plan to see my own lawyer.

The law is different here in Canada, property rights are king. In fact, I have read that many of the EULAs that are bandied about have no legal force in Canada, in part, or in total.

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It’s about time.

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I think this initial class action solicitation was just a matter of time, no matter what MS thinks they reserved the right to do under the WIN 10 EULA. MS is relying upon what in legal parlance is called a “contract of adhesion” in their EULA. These are essentially asymmetrical “take it or leave it” contracts which are not held to be inviolate by the courts when egregiously bad behavior speaks to a party acting in “bad faith”. MS has been pushing the envelope quite a bit with the tricky Win 10 downloads, etc. and it will be interesting to watch how the legal ramifications unfold.

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In Canada they seem to be drifting into a grey area of the Canadian Anti-Spam law. OSes are allowed to be updated, and consent is supposed to be assumed. However if the user has taken reasonable precautions to avoid installations of software (such as disabling Javascript etc. or in this case I would assume removing the offending kb’s and hiding them) then it is actionable.

The CASL law can be seen on the CRTC website here:
http://www.crtc.gc.ca/eng/info_sht/i2.htm

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It certainly will be interesting to see how this unfolds but unfortunately by the time the unfolding happens another several million technically challenged people will already have been screwed by this malware.

It’s unfortunate they can’t be forced to cease & desist until the unfolding process has been completed!

Ya’all got room up there in Canada for another Yankee?

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