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I just got upgraded Saturday and the EULA specifically says that you can't bring a class action lawsuit against them. They want you to try arbitration for 60 da

I just got upgraded Saturday and the EULA specifically says that you can't bring a class action lawsuit against them. They want you to try arbitration for 60 days and if that doesn't work then you can try small claims. Yeah, sure. Anyway I had two problems afterwards. It logged me into a TEMP account so no config changes were saved and my files appeared to be all missing. They weren't, it just the shortcuts all point to the C:\users\TEMP\ directories. There's a few fixes for that one. Mine was checking the box that stopped OneNote from auto loading at start up. After a reboot the start menu went away. The logo button is there but the menu doesn't come up. I found a site with a few fixed and tried them all in succession. I don't know which one solved it because I only rebooted after doing all of them. So now I have 30 days to downgrade to Win 7 or forever hold my peace. <backspaced off rant here />

DasIch 11y ago
EULAs aren't legally binding in some countries because they're not disclosed before the sale. So this might protect them in the US but I could imagine it becoming a problem in other countries still.
ubernostrum 11y ago
I know clickwrap EULAs have been contentious, but can a EULA for something you didn't even ask for and didn't want in the first place be forced on you against your will?
- ourmandave 11y ago
  I had the option to not accept the EULA. In that case I was then free to not install Windows 10 despite it "prepping my system for the update" for an hour. I figured any attempt at a roll back at that point would have been worse than just proceeding. =(
  - chris_wot 11y ago
    That's interesting. If the OS upgrades to Windows 10, does it prompt you to accept a new EULA after upgrading? If so, what does it do if you don't accept the new terms? And how can they ask you to accept terms AFTER upgrading?
    - cesarb 11y ago
      The comments at https://www.reddit.com/r/windows/comments/49eahx/computer_upgraded_to_windows_10_without_my/ https://www.reddit.com/r/windows/comments/49eahx/computer_up... say that, if you decline the EULA after installing, it rollbacks to the previously installed version.
      - chris_wot 11y ago
        Bloody hell. And this rollback appears to be less than reliable. Why not ask for the acceptance and then upgrade? Do we know what data is lost when a rollback occurs?
- nness 11y ago
  I believe this stuff is contained in the EULA you've already agreed to, not the new EULA.
chris_wot 11y ago
> the EULA specifically says that you can't bring a class action lawsuit against them Yeah, best of luck to them with this. It's not possible for them to put a condition into their EULA negating all legal rights. Imagine a completely ludicrous scenario: a Microsoft executive decides that they install an update that wipes your computer if it detects your version of Windows isn't licensed, and then another update accidentally causes your license to be invalidated. Then millions of computers get wiped. You think that licensing term is going to protect them from a class action? Think again.

DasIch 11y ago

EULAs aren't legally binding in some countries because they're not disclosed before the sale. So this might protect them in the US but I could imagine it becoming a problem in other countries still.

ubernostrum 11y ago

I know clickwrap EULAs have been contentious, but can a EULA for something you didn't even ask for and didn't want in the first place be forced on you against your will?

ourmandave 11y ago
I had the option to not accept the EULA. In that case I was then free to not install Windows 10 despite it "prepping my system for the update" for an hour. I figured any attempt at a roll back at that point would have been worse than just proceeding. =(
- chris_wot 11y ago
  That's interesting. If the OS upgrades to Windows 10, does it prompt you to accept a new EULA after upgrading? If so, what does it do if you don't accept the new terms? And how can they ask you to accept terms AFTER upgrading?
  - cesarb 11y ago
    The comments at https://www.reddit.com/r/windows/comments/49eahx/computer_upgraded_to_windows_10_without_my/ https://www.reddit.com/r/windows/comments/49eahx/computer_up... say that, if you decline the EULA after installing, it rollbacks to the previously installed version.
    - chris_wot 11y ago
      Bloody hell. And this rollback appears to be less than reliable. Why not ask for the acceptance and then upgrade? Do we know what data is lost when a rollback occurs?
nness 11y ago
I believe this stuff is contained in the EULA you've already agreed to, not the new EULA.

chris_wot 11y ago

> the EULA specifically says that you can't bring a class action lawsuit against them Yeah, best of luck to them with this. It's not possible for them to put a condition into their EULA negating all legal rights. Imagine a completely ludicrous scenario: a Microsoft executive decides that they install an update that wipes your computer if it detects your version of Windows isn't licensed, and then another update accidentally causes your license to be invalidated. Then millions of computers get wiped. You think that licensing term is going to protect them from a class action? Think again.