KB3035583 Installing Windows 10 using Windows Update?

While running an errand I though of something that I was groping toward in the last post.  In real estate leases there is the concept of "quiet possession."  The landlord retains many rights, including the right to enter upon the property, to make necessary repairs and upgrades, etc., but there are limits if his activity impinges upon the tenant's legal right to "quiet possession" under the lease.  "Possession" is ordinarily construed to mean use of the premises for the intended purpose.

The landlord also has certain obligations, also defined by law in most places.  In general they can be described as keeping the place in good repair for the intended use.

It seems to me that "quiet possession" of leased property is analogous to the idea that, even in the context of grossly one-sided license agreements, users have a right and reasonable expectation to use the software they licensed on a one-time-payment basis, without being confronted with changes imposed by the licensor that force them to pay again to "upgrade" to the latest version. 

Of less importance for our current discussion, the licensor may have an obligation to repair its own mistakes in developing the software (the "fitness for purpose" concept in manufacturer liability), though user agreements try to minimize it.  Certainly, any overt action by the licensor to disable the software or otherwise make it inconvenient to use would, in a real estate context, be viewed as an outrageous attempt to break the lease and force the tenant out.

Of course, if Microsoft were to stop providing security fixes, it could in effect let the malware people kill off old software, unless the marketplace generated entrepreneurial solutions for that.

Thank you WDburt 1.  You express quite well something I have been thinking about a lot but have been hesitant to enter it in this Microsoft forum.

Gerry asks "How have Microsoft forced Windows 10 upon me?"

If he had read this thread and allowed it to penetrate the see-no-evil barrier that he has erected, he would not be asking this question.

Force and fraud are the same thing.  They are both illegal because they wrongly deprive others of their legal rights.  By means of deception, starting with mislabeling the update, Microsoft has fraudulently forced Windows 10 upon their customers.

This is more than mere legalism.  My greatest concern in all of this is that I will power up the computer some morning to find that Win7 has been replaced by Win10--that somewhere along the way I mistakenly clicked on something that "authorized" them to do so, or that the same bunch of rogues who slipped us the Win10 nagware under false pretenses, and kept bringing it back over customer protests, will simply replace Win7 with Win10 and then dare us to sue them.

Their rewriting of user agreements to allow them to do what they want is consistent with that scenario.  If the issue reaches a court, however, the first thing that will come up is that user agreements are increasingly acknowledged to be a one-sided joke, and the larger question will be whether the customer has a property right in software that he licensed in the reasonable expectation that the licensor could not radically change the license terms, including disabling or replacing the software so that the licensor could make more money down the road.

One of the things that I have heard is that MS will force you to update, or they will stop sending anything ... even security up dates.  But that has become moot as the Update labels (security, recommended, optional) are now being deceiving so as to trick users into downloading.  Some were among the KB#s that I posted.  Now, I always check the more information link in Updates window prior.  Read everything or become  a victim.  Read the Terms of Use and I bet you'll be horrified.  ALL OSs are subject to the Win 10 language now ... accept the download, and you have effectively given your civil rights away.  Don't like that?  Then stop ALL updates.  Don't like that?  Then hire an ARMY of lawyers and it will end up in the Supreme Court after years litigation.  Where's the ACLU when you really need them?  Oh, I know where.

• Art

[edit]

I just noticed that one of my proofs of the MS trickery has been deleted from the forum ... they've done this before.  So, I'm leaving a link (to the MS Knowledge Base Terms of Use).  Let's see what happens now ... I know they are watching me as I write this.  I'd like to ...

https://www.microsoft.com/en-us/legal/intellectualproperty/copyright/

READ THIS CAREFULLY!

Hi Gerry -

The key word to this update is "Telemetry" - which gives MS the ability to track where you are physically located.  Why would the want to do that, well for portable devices that will show ads for businesses in your physical local.  Just another means of intrusive advertisement.  Why would they want this on desktop devices?  For no reason but to physical track where people,  another 'Service' I don't need nor want.  I am a Libertarian and I strongly believe in my right to privacy.  I also read the Terms of Use for these 'updates' ... call it spying if you will, or call it a 'service'.  I call it spying.  Also, notice how benign the descriptions are with omissions that skirt the privacy issue completely.  MS has adopted the Win 10 language in the Terms of Use to state they can do anything with a user's private property, even disable it and that anything on your machine is considered public domain now.  Our machines are no longer private property as long as a MS OS is being used.  I'm done beating my chest on this one, but it's been nice debating with you again.  It give me a chance to get on my 'soap box'.  hehehe

• Art