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Story: Microsoft forbids class actions in new Windows licenceTotal Replies: 12
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Sep 05, 2012
6:48 AM EDT
I thought I had seen this before

29th May 2012 18:01 GMT


Sep 05, 2012
7:51 AM EDT
This type of chicanery is pretty common, now, my ex employer now having a similar clause one must sign on condition of employment. But, I was under the impression that one cannot, in fact, sign away one's right to sue. That is, sign away one's legal rights and these types of clauses will not stand up in court. I'm no legal beagle, so cannot say with any surety if this is true.

Sep 05, 2012
9:12 AM EDT

A recent SCOTUS ruling (that ignored many, many years of legal precedent) in a case brought by AT&T allows you to sign away this legal "right".

Sep 05, 2012
9:22 AM EDT
I can't remember the details, but in 2010 a Californian judge upheld a "no class action clause". This has the effect of making it prohibitively expensive for an individual to seek redress against a corporation, plus limits the amount of damages that a guilty defendant might pay. Shortly (days) after that judgment MS began retrospectively modifying EULAs, starting with the XBox.

The other article posted here today: http://lxer.com/module/newswire/view/173070/index.html was even older (5/30/2012 @ 11:54AM), but there have been several similar articles over the past two years.


Sep 05, 2012
9:39 AM EDT
Why am I not surprised, particularly by your "ignored many, many years of legal precedent" disclaimer. I suspected my suspicion was suspect. ;)

Sep 05, 2012
10:25 AM EDT
Well, one key point to remember is that the user who signs the agreement doesn't have to be the one bringing the class action suit. That's usually a lawyer. Then the only issue becomes one of standing, and he can always buy a copy of Windows and refuse the agreement before bringing the suit.

Sep 05, 2012
11:49 AM EDT
Even better: don't buy their friggin' software.

Sep 05, 2012
1:31 PM EDT
I never bought Windows for personal use and has been a while since I last looked at the EULA. Does it mention anything about what your options are if you refuse it?

Specifically, does it say you have to return the whole computer if you refuse it?


Sep 05, 2012
2:23 PM EDT
@Fettoosh -

There is no reason for Windows to say that because that has never been the case -- if you purchase Windows.

It has only been an issue when people have purchased computers from OEMs that had Windows installed on them.

Sep 05, 2012
3:31 PM EDT
Thanks Dino.

My 2nd question was related to computers purchased from OEM with Windows installed. I know they used to indicate that, if you reject the EULA, you can/should return the whole thing including the computer.

Has that changed?


Sep 05, 2012
3:43 PM EDT
Got it, sorry about that, off the queue now.


Sep 05, 2012
6:25 PM EDT

Same level of goodness is to get any Lo$edoze pre-installed machines wiped-out ASAP, and then install Linux. Does a world of good!


Sep 05, 2012
6:59 PM EDT
That was actually my goof -- Sorry about that.

I was following a Forbes link, and should have looked at the date closer, but I let myself be distracted by the 'Windows 8' reference.

I either missed or forgot this story, as I was thinking that the previous iteration was about Xbox.

I shall try to be more careful of datelines in the future.

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