Forced Windows 10 Upgrades: Microsoft signed a waiver

[German]Success for German consumer rights advocates against Microsoft, which signed a waiver (cease and desist) not to download install files for a new operating system without user's consensus. This was the consequence of Microsoft's attempt, to force Windows 10 upgrades to Windows 7/8.1 systems from July 2015 up to July 2016.


Microsoft pushed Windows 10 aggressively on Windows 7 SP1 and Windows 8.1 user systems from July 29, 2015 till July 29, 2016. Many users are ending with a damaged system, and in some cases, Microsoft paid a kind of compensation for such damages.

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In Germany, consumer rights organization Verbraucherschutz Baden-Württemberg (BW) send Microsoft a cease and desist letter and requested an injunction, not to download install files for a new operating system on user systems without a user's consensus, which Microsoft refused to sign.

The case went to German court and passed two instances. After a long time, where we seeing legal tricks from Microsoft's lawyers, the Oberlandesgericht München decides, that the case was entitled. The case went back to the first court for a final decision.

Before this decision was made by a judge, Microsoft signed a waiver (criminal injunction) and hand it over to Verbraucherschutz Baden-Württemberg. The waiver says (full German text here):


Microsoft will not download install files for new operating systems to a user system's hard disk without a user's consent.

Because the free Windows 10 upgrade offer (and Microsoft's methods to press this OS to Windows 7/8.1 systems) ended on July 29, 2016, this waiver seems without a consequence. But the question I'm asking: Does Microsoft's feature-upgrades in combination with Windows 10 auto-update mechanism violates the cease and desist letter with the criminal injunction?

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One Response to Forced Windows 10 Upgrades: Microsoft signed a waiver

  1. Pingback: Microsoft Germany agrees to stop forcing Windows upgrade downloads @ AskWoody

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