Microsoft sued for millions over Windows 10 upgrades

Enlarge / The upgrade arc of Windows 10. It now has more than 400 million users, regardless of problems. (credit: Microsoft)

Unhappy Windows 10 users in Illinois are taking Microsoft to court, claiming that problems caused by the Windows 10 upgrade show that it was negligently designed, that Microsoft fraudulently failed to disclose its defects, and that the upgrade is unfit for purpose.

In a break from tradition, Microsoft offered Windows 10 as a free upgrade to Windows 7 and 8.1 for the first year of its release. This unusual offer was matched with a set of increasingly aggressive promotions within Windows itself. In the early days of the upgrade offer, there were even some users reporting that it installed automatically.

Three plaintiffs claim specific harm was caused by the operating system. Stephanie Watson claims that Windows 10 installed without her choosing to accept it. The upgrade destroyed some data, caused such harm that Geek Squad was unable to fully repair the machine, and forced the purchase of a new system.The suit claims that "many" consumers have had their hard drives fail because of the Windows 10 installation, and that the operating system does not check "whether or not the hard drive can withstand the stress of the Windows 10 installation."

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