Microsoft Updating User Agreements to Block Class-Action Claims

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TechLarry

I'm not convinced it's legal to take away a legal right in a EULA.

Who do they think they are?

I guess they learn from the RIAA, where you are guilty until proven innocent, which is not possible according to them.

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graill

As with all EULAS anything can be written on the. They are a wishlist for the company involved. In the end it is the judge and only the judge that will decide what is in violation or not or if a reason for suing exists. If a company is being bad enough i would bet on the folks going against the bad company, even with a draconic EULA.

Source. Any second year law student information and law firm white papers on the subject of EULAS, of 10 lawfirm sites, including the quickfix legal zoom, they all stated the same thing, the judge has the last say on acase by case basis, not precedent.

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randomgeek

As was mentioned below most companies have this in their EULA now because of frivolous lawsuits, the only ones that benefit from class action lawsuits are greedy lawyers who pocket 40%. Not to mention it's appealed in court for years, at least arbitration or small claims is resolved quickly.

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compro01

Yes, arbitration is decided very quickly. Almost always in favor of the company, as they're the one picking the forum and the arbitration company wants to keep their business.

If you think you're going to get a fair judgement in arbitration, I have some very nice ocean front property here in Saskatchewan to sell you.

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Bullwinkle J Moose

Internet End User Licensing Agreement

By using this Internet, you the end user are not authorised to use Microsoft products on any computer or network attached to this Internet

By using this Internet, the user agrees to ignore, invalidate and render Microsoft agreements NULL AND VOID!

You the end user are required to protect the integrity of this Internet by denying Microsoft Spyware Products such as, but not limited to;
XP-SP3, VISTA, WINDOWS 7 and all future edititions of Microsoft Operating Systems access to this Internet

If you choose to use a Microsoft Product on this Network, you hereby agree that you have committed crimes against humanity and forfeit any alledged rights to recourse

You agree that by using a Microsoft Product on this Internet, that you voluntarily give up the right to Privacy, Sanity, the alledged right to sue or any other recourse "assumed" in and/or under any jursdiction into perpetual perpetuity, and beyond!

By using this Internet, Microsoft and its shareholders agree to turn over ALL source code for every product ever sold under the Microsoft brand within 72 hours from the time of this posting!

Sourcecode must be publicly posted and available to all who use this Internet

Failure to turn over any sourcecode within 72 hours will render ALL Microsoft Licensing Agreements Null and VOID!

By using this Internet, Microsoft gives admission that all of its copyrights, patents and trademarks are hereby NULL AND VOID!

Failure to turn over ALL Microsoft sourcecode within the alloted timeframe will be considered an admission of guilt by Microsoft, its employees and shareholders for, but not limited to;

1. State Sponsored and Weaponised Spyware in its products
2. Fraud
3. Selling malware, spyware and unauthorized code in its products
4. Slander, Libel, Theft, Extortion, Blackmail and Crimes against humanity

Internet users should update their antimalware programs to block access to this Internet by Microsoft products IMMEDIATLY!

Failure to block this malware can and do implicate you in these crimes

Once again, these are not "Alledged Crimes"

By using this Internet, you hereby agree that these are "ACTUAL CRIMES" for which you agree to act!

By using this Internet, you also agree to hold myself (the bearer of this agreement) harmless and innocent of any wrongdoing for any crime "alledged" or "real"
for ever and ever

AMEN!

This document shall hereafter be considered Legally Binding and facts on record in All jurisdictions throughout all of the known and unknown Universe('s)

Anyone who disagrees with this license is require to stop using this Internet IMMEDIATLY!

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bling581

Just one of many companies that have been doing this as of late. I think it's ridiculous that a company can be allowed to do this. Where's consumer protection? Like someone below states, the chances of needing a class action suit against Microsoft isn't that great, but what kind of attitude is that? "It doesn't affect me so I don't care!". When you allow one company to get away with something it sets a precedence that others will follow. People are so quick to dismiss any encroachment on their rights and freedoms until it becomes personal, and then it's usually too late. Wake up people!

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Xenite

Blame Republicans and not Microsoft. It's a hard line conservative supreme court that has limited the litigation options open to consumers.

Face it, if they had their way you wouldn't be able to sue for anything. Several conservative states have passed laws capping damages on medical malpractices.

Removing litigation is the last step in allowing corporations to just about do whatever they want to consumers.

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GenMasterB

Xenite,

Don't start a political flame war here. You're obviously blind to the fact its both parties, not just Republicans.
Rep's want less Gov but let corps go wild.
Dem's want more Gov but wants to control both corps and yourself.
It's really only down to whom gets the money that particular day.. It's not always the parties, just trace the money flow.. corps feed billions to both Dems and Reps.. like fishing, see who bites 1st.. I'm old enough to realize it isn't always about the party, just the bucks.. And you cannot tell me in good faith the Obama admin isn't aware of whats going on. I'm an independent, I see graft on both sides.. Want to start to stop this? No more special interest money to fat cat gov officials.. but they'd never vote themselves out of such a sweet deal they have now.

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whathuhitwasntme

for those of you NOT paying attention
windows 8 is set to run exclusively IE for most of the best parts of it, if you run any other browser, you get limited use out of the program.

sounds more like M$ is just getting set for the coming storm.

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sundropdrinker3

I guess YOU were the one not paying attention. That only applies in one part of Windows 8(can't remember which one), as there are going to be 2 parts of the OS.

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I Jedi

Well, if you don't like their terms, there are alternatives. And if they're breaking the law in the contract agreement somehow, bring it up in court and sue them. Otherwise, quit bitching and move on.

I can only think of one major reason why a large class action lawsuit would happen against Microsoft, and if that's if the OS fucked up data irreparably or somehow the OS could be the cause of a HDD crash. Maybe you guys have more examples, but these are the only two scenarios I think are a piss in the wind to think about.

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LatiosXT

This. I'd really like to see everyone here who went "F$#! Microsoft" and move on to another OS overnight.

Whatever EULA you agreed to now, Microsoft will update, since they have that "Microsoft reserves the right to change this agreement at anytime" blah blah blah...

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Happy

F*ck Microsoft!! They are basically the only operating system out there and the Justice System has the huevos to act like its our "choice" to sign such a douche-y agreement? Ridiculous.

Reminds me of what George Carlin said about industries consolidating until there are fewer and fewer companies and about how such companies and people know what is in their best interest so there doesn't need to be a formal conspiracy. It's in their interest to implicitly agree to screw the customer.

I hope Android or Chrome or some other copyleft Linux kernel based OS takes over the desktop market as well. Long live freedom!

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I Jedi

Well... there's always Ubuntu... Jeez.

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praetor_alpha

Am I the only one mildly irritated by Pulkit's articles being the only ones that still have "Hit the jump for more" in them? Didn't everyone stop that two years ago?

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dedgar

I see that 'Read More' button under all the articles on the MaxPC home page. Which ones do you see that don't?

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praetor_alpha

I'm not talking about the button. The phrase "Hit the jump" is literally in the text of this very article.

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Jox

On the one hand, I'm thinking that the only winner in a class action is the lawyers.

On the other hand, I'm thinking that if Microsoft wants this, it can't be good for consumers.

-Jox

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