Windows 8 EULA stops class action lawsuits

first_imgWhen the PlayStation Network got hacked it reminded us that we put a lot of trust in companies to keep our data safe, and many of them don’t take enough precautions to protect it. It also prompted Sony to ensure it never got involved in a class action lawsuit again by updating the PSN Terms of Service to block them.Sony got sued for introducing that block, but it hasn’t stopped other companies following suit. EA updated the terms for its Origin service to avoid such lawsuits, and Microsoft did the same for its Xbox Live service.So it may not come as too much of a surprise to discover that when you install Windows 8 on a machine, the new End User License Agreement (EULA) you have to agree to also blocks class action lawsuits. Microsoft can effectively ship its latest operating system with some major flaws that potentially leave you and your data open to attack, but because you agreed to the EULA, you and the inevitable millions of other Windows 8 users can never band together and sue the company.The new terms will impact US customers and see any action limited to small claims court or an arbitration process. Ultimately, Microsoft limits itself to damages no larger than $1,000 or whatever the arbitrator awards, plus double the attorney fees incurred by the person making the claim. With a 45-day returns policy though, it is hoping to avoid such action in as many cases as possible anyway.Microsoft Tim Fielden, assistant general counsel, explains that the company believe that this is “the right approach” as it puts an emphasis on resolving problems quickly. I’d also point out it limits claims to what is effectively pocket change for Microsoft rather than the millions that always get quoted when class action lawsuits are started.Read more at Technet, via The Registerlast_img

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