Windows 10 Users Considering Class Action Lawsuit Against Microsoft for Poor System Performance

[Str_Mape]

I'm currently working with a new business venture out of NZ into the states and we have been told by our lawyers "Prepare to be sued." We've actually already had a cease and desist notice issued to us within two weeks because, and I quote, our "service is similar". 

 

I won't disclose what we do, but it's the equivalent of one cleaner sending a cease and desist to another cleaner because that cleaner also happens to clean floors. 

I am now quite interested in what you're doing

[Misanthrope]

That's quite a lot more than the average user could handle.

Again, the average user is not a member of a Microsoft community forum. That's mostly technical users just like this forums. And say they are not, they're entitled to cover the costs to format. Saying that the machines are "rendered useless" is attempting to basically poison the well and demand the full cost of the otherwise perfectly fine and in working order hardware.

Sorry but as much as I dislike 10 and such, I dislike hypocrisy and intentional idiocy even more.

[Guest Kloaked]

Of course not, because they have nothing to hide /s

Or they're just too stupid and/or uninformed to do anything about it.

That's quite a lot more than the average user could handle.

You'd be surprised what many average users can do with instructions.

[TetraSky]

Windows 10 makes it so easy to recover from any type of issues, I don't see why anybody can think they have a case with this.
Not to mention, for the 2 or 3 who have issues, there are thousand others who don't have any, otherwise this forum would be literally FLOODED with people asking for help and nobody would ever recommend to upgrade to win10.

[DigitalHermit]

If the EULA they signed holds any legal weight, this thing will not go very far...

(afaik, for any document here to hold any legal weight, both parties must sign it into the books under the witness of a lawyer/attorney, and the content of the document must not violate any existing laws in effect upon signing)

[zMeul]

call me when the lawsuit actually gets a green light, otherwise this is just blah blah blah blah

 

there is a case to be made against MS with their forced updates that will brake people's OS - it's not even a matter of when, because it already happened

even the latest crap AMD pulled with Crimson package, it's a MS signed driver - how the fuck did that go through?!

[Eroda]

yah my start menue freezes and i cant do anything with it, happens rarely and is just a good reminder that i should probably turn off my pc instead of using hypersleep

 

why would you turn off your computer? my SSD has like 30 power cycles through it ie its been on and off 30 times since i bought it in jan 2013

[Trik'Stari]

You'd be surprised what many average users can do with instructions.

I suppose. Although in my experience most people don't even bother trying, they just hand it off to someone else.

 

Again, the average user is not a member of a Microsoft community forum. That's mostly technical users just like this forums. And say they are not, they're entitled to cover the costs to format. Saying that the machines are "rendered useless" is attempting to basically poison the well and demand the full cost of the otherwise perfectly fine and in working order hardware.

Sorry but as much as I dislike 10 and such, I dislike hypocrisy and intentional idiocy even more.

What about the forced automatic updates breaking things?

 There are thousands of computers that have been rendered useless after being upgraded to Windows 10 through "automatic updates" and left with 1. no sound, 2. no operating screen time 3. no access (password issues) 3.  memory issues 4. lost files 5. unauthorized access by Microsoft. 

 

 

 

The unauthorized access thing is debatable because of the EULA, but if the system was upgraded without a users consent (or updated) and it broke as a result.....that sounds like MS is liable for damages done (lost files, etc.)

[eLucid]

This would be funny if it wasn't so pathetic.

[LAwLz]

I really doubt they will win against Microsoft.

The people who got files deleted might have a legitimate case depending on what files were deleted, but other than that I don't think this holds water.

[Dabombinable]

So wait, they didn't do this for Vista, but with Windows 10 its like "oh no, it runs like shit, get the torches and pitch forks".

[Misanthrope]

What about the forced automatic updates breaking things?

OS fuck ups do not render computers useless with the only exception being BIOS updates on boards with no way to restore it. So while I understand that it would be annoying for people to pay 50 bucks to restore their system, I cannot advocate willful ignorance even when I think Microsoft should be legally barred from forcing an OS upgrade on all users.

[Kherm]

insane

[Bensemus]

I have SLI and W10 and it works fine. I honestly think it's people who still have older drivers, hardware, and software causing issues and they blame Microsoft even though it has nothing to do with them. If you want to use software from 2003, but don't blame Microsoft for your problems when your software causes your computer to crash. 

 

I see it all the time, they'll update something and instantly blame whatever they updated or installed last for the problems they're having now. I swear someone could install W10 and would blame W10 because it 'killed the internet' after their router died because it was hit by lightning. 

Except W10 is really pushing you to upgrade it. MS didn't just release it. They are doing their best to get everyone on it. It even automatically upgraded your computer for a bit when It was checked by default in the updater.

[Warcony]

Wow apparently people file a class action lawsuit for just about anything these days. Next time my city bus is late I'm going to sue the transit organization!

[Nowak]

So wait, they didn't do this for Vista, but with Windows 10 its like "oh no, it runs like shit, get the torches and pitch forks".

What about Windows 7? Because that also runs like shit (especially on older hardware.)

[Dabombinable]

What about Windows 7? Because that also runs like shit (especially on older hardware.)

People had the correct hardware by then.

[AlTech]

OMG YES! Free monies! 

 

 

Ouch, stereotypes. It's probably fair to say most of us Americans think this is a bit stupid as well.

 

Also, I don't know anyone who hires a cleaning service.

In Asia we hire cleaning services all the time lol.

 

And as an American, I think that while suing them is stupid, not complaining about worse overall system performance, is just also completely stupid.

[GoodBytes]

If it was about issues/bugs that really makes the system not work, it can hold in court.

But, that is not the case, it is just some performance issue.

Do they realize that Microsoft will just go in front of the judge and say: It's not us, it is the drivers. Manufactures made poor Win10 drivers, which causes the reduction in performance. Here is a list of fine system old and new. (And it is pretty accurate sadly. Same for issues related to reduced battery life, and warmer system. As you guessed it: power saving feature doesn't work right due to buggy Win10 drivers from the manufacture. Many have fixed that and now their drivers are ok. But many aren't, at least not yet.

So, it won't hold in court for a minute, sadly. Now if they sue the manufactures affected by delivering crappy Win10 drivers, as a cheap way to push newer hardware, than that would hold a lot better, especially if they have proof of this activity.

[SansVarnic]

America is so backwards, you guys sue everyone for anything. 

 

Cleaner missed a spot on your floor? Sued. 

 

It is not so much that people are sue happy its the jack ass lawyers that vulture for people that are unhappy about something and take advantage, the sue-ee doesn't make money the lawyer does.

[GoodBytes]

It is not so much that people are sue happy its the jack ass lawyers that vulture for people that are unhappy about something and take advantage, the sue-ee doesn't make money the lawyer does.

Very true. And if the lawyer wins, then it will boost his/her or the group of lawyer reputation like crazy. Some no name lawyer, is now big thing, can charge a premium price for its services, and get clients. Any clients that wants a lawyer for being defended or to sue, wants to win. So they'll look at the lawyer past cases that he/she/group of lawyer won, and go for it. I mean who would not like to pick a lawyer that won a case against a big corporation who has hundred lawyers, and all of them really good.

[Patres87]

Give people the power to install the OS for free, their OS is already in a horrible state prior to the installation, most of them have 0 knowledge how an OS works. Then they sue MS because they are stupid enough to use an OS. I feel sorry for Microsoft for once...

[Bouzoo]

What about Windows 7? Because that also runs like shit (especially on older hardware.)

 10 years old HP Compaq NX9420 rocking the hell out of Win 7 with memory upgrade and new (larger) HDD. Serious performance increase after XP, no issus whatsoever. I don't know a single PC that has issues with win 7, and I do a lot of installs. 

 

On topic

If my experience taught me anything, is that people that are the"loudest", have no idea how to maintain a pc. I'm sure if they got an i7 with a high end GPU and an SSD, they'd still make it somehow run slower than my pc.

[Sauron]

Which part of this wasn't clear to them when they accepted the license agreement? They agreed to MS' terms of service, and they say they can mess with your files and automatically update your system. Don't like it? Use linux. 99% of those complaining would probably be just fine using open software.

 

To be fair, the EULA isn't worth as much as the paper it isn't printed on in European courts.

 

Claims of computers being "rendered useless" are worth even less though.

[SansVarnic]

Very true. And if the lawyer wins, than it will boost his/her or the group of lawyer reputation like crazy. Some no name lawyer, is now big shit, can charge a premium price for its services, and get clients.

 

Of course there are some narcissistic individuals out that troll on companies for this type of situation, Anyone remember that gal that sued McDonalds for spilling Hot coffee on herself because there wasn't a "coffee is hot" sign? Some people love to make life that much harder for everyone else.