2

This is a follow up on this popular question. Microsofts EULA terms for Windows 10 clearly state that Microsoft may update their software without the users explicit consent for each update. On the other hand it is illegal in general hence also for Microsoft to install new software on the computer without the users consent. This raises the question what counts as an update of say the operating system and what doesn't.

Suppose Microsoft decides playing poker should be a feature on every windows machine and with the next windows 10 update installs a poker game that wasn't there before. It seems to me that this would clearly count as installing new software which would require explicit user consent. But if Microsoft just calls this an update of Windows 10 they could claim they don't need user consent. In my interpretation Microsoft used that tactic to force install a new web browser as part of an operation system update.

Is there some legal guideline here or is that a distinction that would have to be resolved in court on a case-by-case basis?

quarague
  • 4,369
  • 2
  • 15
  • 26

2 Answers2

1

The distinction between "update" and "addition" should ideally be spelled out in the license agreement. This doesn't seem like something that could be defined in general in the law, so it would have to be adjudicated on a case by case basis.

When you install an operating system, it generally contains more than just the OS kernel, it also includes a variety of application programs. Some may be directly related to the operation of the system (e.g. file management), while others are incidental (e.g. games).

If the OS includes games, I don't see why the vendor couldn't argue that adding and removing games would be a reasonable update to this collection. If Windows comes with Klondike Solitaire, who could argue that adding 40 Thieves Solitaire is outside the spirit of an update?

Even with software more fine-grained than the OS, adding programs may be reasonable. A word processor application will often include some related utilities, and an update to the application may add new utilities. However, it would probably be hard to argue that an update to Microsoft Word needs a Poker application.

Barmar
  • 8,504
  • 1
  • 27
  • 57
-3

It seems that once you accept the terms of the license (which is what you purchase, and mainly how MS makes $), then you are bound by it, though Pro users can delay updates.

Which may include new apps. If these can be shown to be unrelated to safety or function, and significantly reduce function, and cannot be uninstalled, then you may have a case.

This may be related to: https://topclassactions.com/lawsuit-settlements/consumer-products/auto-news/tesla-class-action-alleges-automakers-software-updates-deplete-battery-reduce-driving-range/

PeaceByJesus
  • 93
  • 2