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back to article 'I urge everyone to fight back' – woman wins $10k from Microsoft over Windows 10 misery

A California woman has won $10,000 from Microsoft after a sneaky Windows 10 update wrecked the computer she used to run her business. Now she's urging everyone to follow suit and "fight back." Teri Goldstein – who manages a travel agency in Sausalito, just north of San Francisco – told The Register she landed the compensation …

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  1. Steve Davies 3 Silver badge

    Let the lawsuits begin

    Personally, I hope they get hit with a few hundred thousand of these cases next week.

    Windows 10 is a virus and needs to be stomped out without delay.

    I know that there are people how post here that are MS fans/shills/trolls but just think carefully for a moment.

    If W10 can screw up someone business like this then how many others are there out there eh?

    Remember that this user is not a techie like most of us. They are more like the 'bog standard user'. This sort of thing really should not happen in this day and age.,

    168 10 Reply
    1. Notas Badoff
      Reply Icon
      Trollface

      Re: Let the lawsuits begin

      "Windows 10 is a virus and needs to be stomped out without delay."

      It's more like a fungus. I let my main PC out of sight for a few moments and it came back with a truly grody screen. Now it just bitches all day and keeps requiring me to scratch its privates here there and everywhere. Oh I do wish I'd realized there was a limited time to treat it effectively, as now it has a long-term infection.

      Ah well, now I maintain a no touching policy, keep the other PCs a minimum of 6 inches away, and I think I've got the necessary prophylactics applied to the rest of them. Oh I do wish I'd listened to the parents talk of not associating with a bad gene pool.

      48 4 Reply
      1. A Ghost
        Reply Icon
        Coffee/keyboard

        While the party invites stop

        Microsoft is just another phoney fungus when it come down to it. It wants to get invited to the party, but it's not really a fungi.

        Sorry.

        That crud on my escape key, however, really is a biological threat!

        5 1 Reply
    2. Bob Vistakin
      Reply Icon
      Meh

      Re: Let the lawsuits begin

      Now you mention it, there was a weather forecast a while back which I'm sure some convoluted reason could be concocted for a business to rely on, which was royally screwed by exactly the same thing.

      Straight face icon in case this actually turns out to happen.

      7 26 Reply
      1. Anonymous Coward
        Reply Icon
        Anonymous Coward

        Re: Let the lawsuits begin

        A fungus

        Brain-eating Amoeba Naegleria fowleri: " The core antimicrobial treatment consists of antifungal drug amphotericin B". Nom Nom!

        3 0 Reply
      2. bdam
        Reply Icon
        Windows

        Re: Let the lawsuits begin

        So you see, your honour, at breakfast I bit into the slice of toast at the exact moment the windows 10 pop up appeared on the TV screen in my kitchen as I was watching the weather forecast, at which point like anyone I could not resist the urge to laugh uncontrollably. I could not breathe. I thrashed about the kitchen choking, knocking the TV, laptop, a few smartphones and a few expensive porcelain ornaments to the floor before my wife performed the heimlich on me, in the process dislocating her neck requiring expensive private medical attention.

        All this came to $10,001 exactly. A cheque will be fine, thanks.

        7 35 Reply
    3. MR J
      Reply Icon

      Re: Let the lawsuits begin

      My in-law thinks that facebook is spying on him, and selling his phone numbers to Nigerian scammers.

      My in-law also thinks that "Updating - please do not turn off your computer" is easily fixed by holding the power button down - as that will let it restart.

      When his mail provider goes tits up (few times a month) the server rejects his password. So he thinks he'll try other passwords to see if it will fix the issue - thus meaning I need to go back to the house to put the correct password in when it is all said and done.

      While I agree that W10 shouldn't be force installed, and I also agree that W10 should have rigorous checks to make sure that the hardware is complaint. She was running a "Home" copy of software for a "Work" Laptop - nothing that would give good business uptime. The offer of $150 seems fair to me - But Microsoft should have also suggested to her that she simply revert to Windows7. So to me they did fail her, but not $10,000 worth of fail.

      A "Few Hundred Thousand" would equate to $3 billion dollars being paid out to people, a bit excessive for a OS upgrade isn't it?. While the OS does have issues, you need to bear in mind that the people who use tech are getting dumber by the day, so a new OS that locks things down more and upgrades problems without waiting for users to do it has to be a good thing.

      14 79 Reply
      1. Triggerfish
        Reply Icon

        Re: Let the lawsuits begin

        Sorry but why should what version she was running originally have a bearing on the case? I agree maybe win10 home is not the best for enterprise, maybe it makes less difference on a small one man band though, since you do not need all the extra networking.

        Regardless she was obviously running a business on it. After Win 10 she was not.

        Also if people have not asked for it then it should not be forced on them. 3 billion thats not the price of an OS, thats the price of arrogance and trying to force an upgrade that turns you the customer into a asset to monetise.

        59 1 Reply
      2. Chorotega
        Reply Icon

        Re: Let the lawsuits begin

        Microsoft should get shafted over this. Sneaky tactics like starting the upgrade when people clicked the X button are not the way a professional organisation should operate.

        56 1 Reply
        1. gregthecanuck
          Reply Icon
          Pirate

          Re: Let the lawsuits begin

          I think my dad got burned by this one. Panicked phone call a few weeks ago because his computer was upgraded - swears he didn't consent.

          This upgrade process is overly aggressive. MS should be taken to task for this one so they don't try anything as stupid as this again. Unleash the Kraken!

          21 1 Reply
      3. Pompous Git Silver badge
        Reply Icon

        Re: Let the lawsuits begin

        A "Few Hundred Thousand" would equate to $3 billion dollars being paid out to people, a bit excessive for a OS upgrade isn't it?.

        Not really when you consider that MS have decided to remove Windows Media Centre and W10 doesn't recognise your TV capture device. If they want to cripple your computer to that extent, then surely they should pay for the fix.

        26 0 Reply
      4. joshimitsu
        Reply Icon

        Re: Let the lawsuits begin

        They spent hours trying to revert her back to Win7 but failed, because they'd screwed up the PC so badly.

        4 1 Reply
      5. mswin10
        Reply Icon

        Re: Let the lawsuits begin

        I totally agree and If I was a judge i would of thrown this out as soon as she mentioned she had never heard of Windows 10 until the so called forced upgrade. What planet is she on windows 7 home for a business computer hope she does not have customer details stuck on it I'd be very worried. As for not hearing about Windows 10 its splashed everywhere you cant go online without seeing a multitude of references to windows10 good or bad and that was before it was fully released and that's not including the media. Just another compensation freak

        3 25 Reply
        1. anonymous boring coward Silver badge
          Reply Icon

          Re: Let the lawsuits begin

          You are living in a bubble. A PC freak bubble. Many normal people don't give a rats arse about Windows Whatever.

          5 1 Reply
        2. Jos V
          Reply Icon

          Re: Let the lawsuits begin

          @mswin10, you lost me at your feckin "would of". Bugger off.

          5 0 Reply
          1. Anonymous Coward
            Reply Icon
            Anonymous Coward

            Re: Let the lawsuits begin

            "you lost me at your feckin "would of". Bugger off"

            Agree. If you want to play with grown-ups, lay off the baby tounge.

            1 0 Reply
      6. elDog
        Reply Icon

        Re: Let the lawsuits begin

        "A "Few Hundred Thousand" would equate to $3 billion dollars being paid out to people". I bet it could be a lot more than that. And the penalties could also be assessed much higher for criminal negligence.

        That would be a wonderful stimulus to the economies. And if the taxing authorities take a slice of the pie then it might help some national budget deficits.

        Microsoft robbed from the people. Let it pay its penance. Preferably from certain past/present CEOs and lousy architects' benefits.

        6 0 Reply
    4. 9Rune5
      Reply Icon

      Re: Let the lawsuits begin

      "Remember that this user is not a techie like most of us. "

      MS' fault was trying to help. This woman should have hired a technician to supervise her computer(s) if it was that critical to her line of business.

      Or what does she do when her car needs maintenance? Give GM a call and have them remotely supervise an oil change? How vital is her PC to her business compared to her car? How much money does she spend on keeping her car in working order?

      Win7 is getting old. Nobody here is really interested in having more zombie-operating systems out there that no longer receive security updates. It is better to brick these systems sooner rather than later. If that action pushes more punters to adopt Linux, then so be it.

      6 66 Reply
      1. anonymous boring coward Silver badge
        Reply Icon

        Re: Let the lawsuits begin

        "Win7 is getting old. Nobody here is really interested in having more zombie-operating systems out there that no longer receive security updates. It is better to brick these systems sooner rather than later."

        Windows 7 is still supported, isn't it?

        You MS fanboys really do enjoy a good rogering.

        46 3 Reply
        1. 9Rune5
          Reply Icon

          Re: Let the lawsuits begin

          "Windows 7 is still supported, isn't it?"

          Absolutely. I still run it as my main OS myself.

          But... It will eventually run out of support. If MS follows through with their threat, then after July 29th (?) the upgrade will no longer be free. That means that an upgrade at some point will be a costlier affair and the stragglers will be even less enticed to upgrade.

          So... As I said... We end up with a new wave of zombie PCs no longer receiving security updates. Botnet bonanza etc..

          Let them install Linux for all I care. But my main message was this: Do not run your business on any software/hardware that is not under adult supervision. I strongly feel the user in question was heading for a disaster regardless.

          It will be interesting to see what will happen with W10 in the future. It seems MS wants people to stay current from now on. That IMO will help ensure that most users stay more current wrt security updates. And that, IMNSHO is a very good thing.

          3 13 Reply
          1. Pompous Git Silver badge
            Reply Icon
            Happy

            Re: Let the lawsuits begin

            If MS follows through with their threat, then after July 29th (?) the upgrade will no longer be free. That means that an upgrade at some point will be a costlier affair and the stragglers will be even less enticed to upgrade.

            When MS pushed ~30 GB of unwanted shite onto my PCs about a year ago, I upgraded to Linux Mint for "free". OK, it cost me a blank DVD and considerably less bandwidth than MS stole. Still running W7 and some necessary apps in a VM, but mostly spend my time in a vastly superior OS that has never nagged me to upgrade.

            5 0 Reply
      2. Darryl
        Reply Icon

        Re: Let the lawsuits begin

        Yay! Another unrelated car analogy. Does GM remotely remove the engine from her car and substitute another one that doesn't run properly without her consent or knowledge?

        So she should be paying a 'techie' to ensure that MS doesn't foist Win10 on her computer? And how exactly is she supposed to know this? Sounds like her computer was working just fine before

        22 1 Reply
        1. 9Rune5
          Reply Icon

          Re: Let the lawsuits begin

          "So she should be paying a 'techie' to ensure that MS doesn't foist Win10 on her computer?"

          If she is using her computer for serious business stuff: YES, BLOODY HELL YES!

          Kind of... obvious.

          Many people buy cars for holidays and fun activities. Most of them still resort to professionals for even the simplest of maintenance. Imagine running a business that depends on cars (be it a taxi service or similar) and then not resort to professionals when servicing your fleet of cars. Sounds clever? No? Why is it any different when it comes to computers? (regardless of OS)

          3 13 Reply
          1. anonymous boring coward Silver badge
            Reply Icon

            Re: Let the lawsuits begin

            She called "a techie" called MICROSOFT!

            After all, they created Windows. And she bought it from them directly or indirectly.

            It's like calling BMW when your BMW breaks.

            She couldn't have known that she was supposed to call some other self proclaimed expert posting here.

            15 0 Reply
      3. Jeffrey Nonken
        Reply Icon

        Re: Let the lawsuits begin

        Blaming the victim always works!

        6 0 Reply
      4. Anonymous Coward
        Reply Icon
        Anonymous Coward

        Re: Let the lawsuits begin

        "Remember that this user is not a techie like most of us. "

        With enlightened comments like "Windows 10 is a fungus", maybe that isn't a bad thing?

        3 5 Reply
    5. mrwebber35@shaw.ca
      Reply Icon
      Holmes

      Re: Let the lawsuits begin

      Yes I know this is a two year old thread but I am wondering something. If Teri Goldstein won the case against Microsoft I suspect she had Win7 upgraded to her computer that was ancient compared the technology available at the time. She probably had a Pentium 4 2003 circa that had Win7 upgraded from WinXP or even older. How did I come to that conclusion? Elementary my dear Watson.

      https://www.bing.com/images/search?view=detailV2&id=1CBB85B52E3A40AD8F5EF679926D09DE15422D2F&thid=OIP.EeDSp_LbERGrnDm6g46iFQAAAA&exph=126&expw=392&q=Dr.+Watson+Windows+XP&selectedindex=0&vt=0&eim=1,6

      I don't see how people in the industry couldn't get her computer run smoothly unless there was something fundamentally flawed with the computer she was using. One more thing, Win7 is no longer supported come January 2020.

      Incidentally I tried to use WinXP and it is completely useless on Internet Explorer and Google Chrome 2 years after it was no longer supported.

      0 0 Reply
  2. ma1010
    Go

    GOOD FOR HER!

    It's about time MS got held accountable for what they've done to so many people's computers WITHOUT their consent with this sneaky, malware-style "upgrade" to Win X. I used to like MS and used Windows since Windows 386, stopping, like so many others, with Windows 7.

    As I was reading the story, I was sure MS would appeal the judgment, and was surprised to read they dropped the appeal. I think it was from fear of the Streisand Effect. After all, if more people hear of this victory over MS, they might want to file suits in Small Claims court, also. In that case, I say SHOUT IT FROM THE ROOFTOPS!

    Maybe if enough victims of MS sue and win, they might even have to dial down the arrogance a little and actually try to HELP their customers, like they did back in the 90s? Nah, just dreaming on that one, no doubt.

    129 4 Reply
    1. Danny 14
      Reply Icon

      Re: GOOD FOR HER!

      Indeed. Sounded like she actually deserved the payout too rather than usual ambulance chasers. Good on her.

      64 3 Reply
      1. Wilbur1
        Reply Icon

        Re: GOOD FOR HER!

        Dupl post

        0 50 Reply
        1. Dan 55 Silver badge
          Reply Icon
          Facepalm

          Re: GOOD FOR HER!

          "Dupl post"

          You've been doing tech support since 1984, you can spy a troll every time, but you don't know when you've double posted.

          44 1 Reply
        2. Kubla Cant
          Reply Icon

          Re: GOOD FOR HER!

          Dupl post

          And that means dupl downvotes.

          14 2 Reply
    2. Wilbur1
      Reply Icon

      Re: GOOD FOR HER!

      I think this person should have ANYTHING pertaining to Microsoft taken from any device he/she uses, and be banned from using it again, EVER.

      I've been doing tech support since 1984, and I can spy a troll every time.

      2 124 Reply
      1. hplasm
        Reply Icon
        Gimp

        Re: GOOD FOR HER!

        "I think this person should have ANYTHING pertaining to Microsoft taken from any device he/she uses, and be banned from using it again, EVER"

        She should be so lucky!

        You have flecks of spittle on your screen. Did you know?

        44 3 Reply
      2. Triggerfish
        Reply Icon

        Re: GOOD FOR HER!

        I've been doing tech support since 1984, and I can spy a troll every time.

        Just joined, two posts both on this thread? I think I spy something...

        31 1 Reply
      3. Mark 85
        Reply Icon

        Re: GOOD FOR HER!

        You really should use the troll icon since we don't have a paid shill one. You joined just to post this...?

        9 2 Reply
  3. tfewster
    Joke

    Now the precedent has been set ...

    ... unleash the class-action lawyers!

    Eww, I feel a bit dirty even joking about that.

    27 5 Reply
    1. Doctor Syntax Silver badge
      Reply Icon

      Re: Now the precedent has been set ...

      "Eww, I feel a bit dirty even joking about that."

      So you should, given that the crux of the article was that the small claims court is the way to go.

      25 0 Reply
    2. Mark 85
      Reply Icon

      Re: Now the precedent has been set ...

      I know it's a joke, but historically all a class action suit does is make the lawyers rich. The people get basically zilch. As others are posting... small claims court is the way to go.

      42 0 Reply
      1. Anonymous Coward
        Reply Icon
        Anonymous Coward

        Re: Now the precedent has been set ...

        Until Microsoft finds a way to get to the small claims judges...

        9 2 Reply
        1. elDog
          Reply Icon

          Re: Now the precedent has been set ...

          They (MS) will. At least in the Land of the Brave and firearm dependent, most court systems, most local, county, state, and US gov't systems are dependent on MS.

          Now that MS is pushing Azure-based solutions on everybody, surreptitious updates are a thing of the past. They are the present and the future.

          1 0 Reply
      2. Doctor Syntax Silver badge
        Reply Icon

        Re: Now the precedent has been set ...

        "historically all a class action suit does is make the lawyers rich."

        I think the parties, in diminishing amounts they have to gain are:

        1. Lawyers - they get big costs.

        2. Companies - only one case to fight.

        3. Plaintiffs - peanuts if they win.

        16 0 Reply
      3. a_yank_lurker
        Reply Icon

        Re: Now the precedent has been set ...

        Class action lawsuits do make lawyers rich but if the award is large enough and suit is well known enough losing one can be financial and public relations disaster. Actually, I would like to see both class action and small claims court cases. One for the media and the others to kill Slurp with thousands of cuts.

        12 1 Reply
        1. TheOtherHobbes
          Reply Icon

          Re: Now the precedent has been set ...

          The point wouldn't be to make a nice killing for the plaintiffs. The point would be to kick MS in the nuts in a very public way and get it to answer WTF it thinks it's doing installing updates on the computers of people who don't want them and didn't ask for them.

          Even if there's no immediate financial damage through loss of income (etc), there's a principle at stake - on no sane planet does a corporation have the right to force software on potential users without their express permission.

          27 1 Reply
          1. Anonymous Coward
            Reply Icon
            Anonymous Coward

            Re: Now the precedent has been set ...

            The point wouldn't be to make a nice killing for the plaintiffs. The point would be to kick MS in the nuts in a very public way and get it to answer WTF it thinks it's doing installing updates on the computers of people who don't want them and didn't ask for them.

            Even if there's no immediate financial damage through loss of income (etc), there's a principle at stake - on no sane planet does a corporation have the right to force software on potential users without their express permission.

            Oh, but there's so much more fun in the works. Besides civil litigation there is in my opinion also a wide open possibility of criminal litigation (unauthorised changes of a computer - from what I read, those updowngrades were not always authorised by the user), and that's something YOU don't have to do, you just have to complain to the authorities. A single complaint will be ignored, but if enough people complain it becomes a matter that can no longer be ignored for political reasons, at which point all hell will break loose for Microsoft. The fuse has been lit already, all you need to do now is buy popcorn for when it blows up..

            As for your on no sane planet comment, I have some bad news..

            14 1 Reply
            1. SImon Hobson Bronze badge
              Reply Icon

              Re: Now the precedent has been set ...

              > Besides civil litigation there is in my opinion also a wide open possibility of criminal litigation (unauthorised changes of a computer - from what I read, those updowngrades were not always authorised by the user), and that's something YOU don't have to do, you just have to complain to the authorities.

              And in my case, after trying an informal approach, got a "so what" response from the local Police - I haven't had time to gather some paperwork together and kick up a stink. The person answering my emails simply took the attitude that "it's an upgrade, there's ways to control it, your complaint is merely with Microsofts policies - take it up with them".

              When I pointed out that the law is very clear, I'd made actions which would invalidate any presumed consent, and the upgrade does in fact remove functionality - so it's an offence - I stpped getting replies.

              8 1 Reply
          2. Alan Mackenzie
            Reply Icon

            Re: Now the precedent has been set ...

            Most people aren't interested in "kicking MS in the nuts in a very public way". They just want to get their work (and/or play) done. Downvote from me!

            3 10 Reply
      4. Updraft102
        Reply Icon

        Re: Now the precedent has been set ...

        I'd be more interested in giving MS a black eye. That would be more than good enough for me!

        9 0 Reply
      5. dukeofbrookhaven
        Reply Icon

        Re: Now the precedent has been set ...

        >historically all a class action suit does is make the lawyers rich. The people get basically zilch

        I personally hope for the class action suit, because:

        (a) it would set a very public example of "dark patterns" (tricking people to follow the preference of the large corporation)

        (b) it's the only chance of getting Microsoft's attention that "opt-in" is the least costly way to do business, and

        (c) the sweet irony that -- particularly in the US -- class action suits are usually opt-out, so most people will stay in the class action the same way the stayed in the Windows 10 upgrade path

        0 0 Reply
    3. Mike Shepherd
      Reply Icon

      Re: Now the precedent has been set ...

      In the UK, a judgment in a small claims court may not be cited as a precedent. This may or may not be true in other jurisdictions.

      10 0 Reply

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