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thescrewdriver | 10 years ago

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.

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PythonicAlpha|10 years ago

That is the point. People are tricked into this and most of them did not read the terms or just ignored them.

But Microsoft is on the secure side, because you confirmed the terms -- and not many judges in the world will blame Microsoft in this situation, even when you argue, that you haven't read the terms. When you sign an other contract, you also can not argue, you haven't read the terms (even when they are in very small letters).

Silhouette|10 years ago

When you sign an other contract, you also can not argue, you haven't read the terms (even when they are in very small letters).

Sure you can. And if it's a contract of adhesion between a business and a consumer where the terms are unreasonably loaded in favour of the business, you might actually win, too.

(I am not a lawyer, your jurisdiction may vary, etc. I have however worked with real lawyers on real terms and conditions documents, and have been consistently advised that it's preferable to avoid surprising terms and that if any do need to go in then they should be early and prominent to maximise the chance of them standing up if anything ever got to court.)

Lawtonfogle|10 years ago

Uninformed consent is not consent. This needs to be applied to the business world and all other legal contracts.