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Anonymous Coward
Anonymous Coward

The EULA is not valid, they installed Malware

"It is clearly stated in the EULA (or an addendum to the EULA) that Microsoft can and will make changes to Windows whenever they find necessary."

The EULA is an after-sale contract. I do not accept that when I buy a computer I am buying a 'license' with terms to be disclosed at a future time constitutes a contract. The purchase is not the same as buying a service delivered in future, such as buying an airline ticket, or buying a cruise ticket. I am buying a product that I take home immediately, there is no future 'service' aspect and no reason for any additional terms to be disclosed at a future date.

If a court should ever decide that MS EULAs *are* contracts, then I do not accept that I agreed to the EULA. Clicking 'I Accept' does not indicate my acceptance of those terms, I am exercising my rights under the unfair contracts act, to ignore unfair terms in contracts that are not individually negotiated. Microsoft's EULA is not individually negotiated with their customers and hence subject to this law that permits people to ignore the unfair terms.

I told it not to auto update my machine, Microsoft has deliberately ignored my choice and installed software, no different to any other malware installer. It did not have my permission, there was a clear refusal there. How come I should accept such an action from them?

As for *requiring* it to be updated to permit future updates, that is false. Any future update could simply be provided as a download link to a web browser. That does not require auto update to be upgraded.

I think this is part of their 'black screen of death' story, where they plan on turning off machines that WGA thinks are not genuine Windows licensed machines. That is why I think they forced this malware on people.

http://www.pcworld.idg.com.au/index.php/id;1029262671

They claimed after this received negative press, that it was a hoax and they had not rolled out any such upgrade. We now find that this is false and they have rolled out a forced upgrade.

http://www.neowin.net/index.php?act=view&sub=c_reply&id=42521&cid=578558

In other words I think they installed malware intended to attack your machine at their discretion at a future time.

To me the first machine they turn off that is falsely disabled should result in a criminal prosecution, no different than if any other malware company had installed software to attack your machine. It is no different.

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