[thescrewdriver]

Very few people will read the privacy terms. Just because they have a document people clicked 'agree' below without reading doesn't mean that MS should not be held to account for what Windows 10 is leaking. For many users not using Windows isn't an option.

[Lawtonfogle]

We need a complete rework of our entire legal system in regards to consent to contracts. The problem is that it'll never happen because there is so much of an advantage given to the capital owners by having it so the rest of the population doesn't really understand what they are signing up for.

[drdaeman]

Yet, I believe he has a point, and he had pointed to the very core problem.

If you hadn't read the EULA/ToS/Privacy Policy/etc, but had consented to those (by clicked "agree" in case of click-wrap packaging thingy), the fact is Microsoft is very unlikely to be held accountable if their actions are perfectly conforming to the agreement you had agreed without even reading. Something is surely not right with this whole situation.

[kuschku]

EULA, ToS, etc do not apply in Europe if they contain terms that the user can not reasonably expect.

An OS sharing all your data even with snooping disabled falls under this regulation, and multiple EU data privacy officials are already investigating and preparing a case.

[tomswartz07]

The other thing to note is that they've changed the terms during an automatic update.

The terms that they changed had several opt-out (as opposed to off-by-default opt-in) features that are mentioned in OP's article.

[drdaeman]

So, Microsoft did unethical but legal move.

That's almost exactly what he said - Legally, user is at MS' mercy, ethically that's not OK.

[malka]

Even if people were to read it, how many are able to understand legalese ?

Am I supposed to consult a lawyer each time I want to install a software ?

[PythonicAlpha]

With such an argumentation, you could just trash any terms. As long as they are not against any law, they are valid, as long as they do not contain something that is totally unexpected (for example that you must pay Microsoft additional fees above the normal price).

I also think, that Microsoft should be held accountable -- but it starts with those terms!

I think, many people just rushed into Windows 10, because it was free. But free, seldom means free in deed. A clever trick of Microsoft to trick people into this.

As long the privacy terms are not effectively changed and the OS stops to send coded data to servers, this OS can not be trusted.

[wfo]

Terms and conditions as a requirement to use a product you've already purchased shouldn't ever count for anything. So I think you should trash any terms. And I'd hope in a civilized country if a company tries to use mandatory-accept 300 page terms and conditions to abuse their customers a judge would step in and say "no."

And this is absolutely unexpected. That's why there's a very popular post on ars technica and hacker news and reddit with tons of well-informed technical people surprised about it and pretty pissed off.

[thescrewdriver]

I've currently got a system with the Windows 10 downloaded, but I am hesitant to actually proceed with the (up?)grade. Like many people I assumed that it was just the same old Windows with more enhancements, not something with batshit crazy privacy defaults, that even when disabled still leak data.