back to article Microsoft forbids class actions in new Windows licence

Microsoft will make it harder for customers to club together with lawyers to file lawsuits against its products. The company is rolling out new End User License Agreements (EULAs) that forbid punters from joining class-action proceedings. Assistant general counsel Tim Fielden announced the tweak here and said the changes will …

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    1. DanceMan
      Headmaster

      Re: Comming from a World renowned company in Social networking

      Misspelling both "their" and "they're" as "there" in the same sentence. Congratulations. Apologies if English is your second language.

      1. DAN*tastik
        Headmaster

        @DanceMan - Re: Comming from a World renowned company in Social networking

        English is my second language, so I believe I have some idea of what I am talking about - but I admit I am not expert in the field...

        I think in English 99% of the time, but in other languages "their", "there", "they're" will be different from each other. Because of that, they are three distinct concepts ( not sure it's the right word for that, but I am sure it somehow explains it ) in my head. So it's very unlikely I will ever get it wrong. Same with "wear", "where", "your", "you're", "it's", "its", "waist", "waste".

        Somebody who was born in an English speaking country, will most likely start to speak English, then associate it to a spelling later on in life. So the confusion can come from here.

        In my experience, it's more likely you get a native speaker misspelling things like "your" and "you're", and non native speakers choosing the wrong word to say something... No matter how many times I look it up, I have no idea when to use "may" and when to use "might" for example. I also got "sex" and "gender" wrong on a post on here, and somebody was kind enough to explain the difference to me. I blinked, and it went :)

        Having said that, it is depressing that English teachers do not manage to teach children how to spell, but still keep their jobs!

        1. DrDr
          Headmaster

          Re: Difference between may and might (for DAN*tastik)

          IANAET but:

          "Just as could is the past tense of can, might is the past tense of may: We thought we might win the tournament. But might can also be used as a substitute for may to show diminished possibility. Thus, saying We might go to the movies means that the likelihood of going is somewhat less than if you say We may go to the movies. When used to express permission, might has a higher degree of politeness than may. Thus, Might I express my opinion conveys less insistence than May I express my opinion."

          This may/might have been copied and pasted.

          1. DAN*tastik
            Thumb Up

            @DrDr

            Thanks :)

        2. Chris Parsons
          Headmaster

          Re: @DanceMan - Comming from a World renowned company in Social networking

          Too true re: English teachers. A friend of mine is Head of English at a large comprehensive. Her spelling and grammar are atrocious.

        3. Graham Wilson
          Headmaster

          @DAN*tastik -- Re: @DanceMan etc... Welcome to the most screwed up spelling/grammar on the planet.

          It is a shameful fact that myriads of native English speakers have received instruction in English grammar and spelling that has ranged from poor to abysmal, (I rate my own instruction in English as only just acceptable, and I do not consider my own writing to be any better than just passable).

          Of course, there are many exceptions to the rule and those who have been well trained do write exceptionally well, nevertheless, all up, the numbers are far too few. A major reason for the problem is that so many English are not trained in or speak a second language (I was and I hate to think how much worse my English would be without the benefit of a smattering of foreign grammar). It's sheer utter arrogance of the English-speaking world for not further encouraging its citizens to speak multiple languages. With English being almost a lingua franca, and with the legacy of a colonial past being still present and with us, it's still very much an attitude of "if the natives don't understand, then shout a little louder".

          Many problems in English come from sheer sloppiness and the widespread use of contractions ('it's' used for 'it is' etc.), which we slur as if we were drunk. These days, rarely are enunciation, pronunciation and the spelling of words and their contractions taken seriously by teachers; thus when words sound the same many use any word that 'fits'.

          It is easy to see how this happens: for instance, take the foreign imported word 'tsunami'--almost without exception, native speakers of English pronounce the word without the 't'. In English, saying that 'tsunami' becomes 'sunami' is too kind; rather it is much more likely to be pronounced a slurred 'soonami'. Even though we have import the Japanese word into English with its punctuation intact, not the slightest effort goes into pronouncing the snake-hissing 'ts' sound. Blatantly, we've thrown away the perfectly good English expression 'tidal wave' and screwed up a word in another language and nobody cares a damn.

          Another example where the don't-give-a-damn attitude prevails utterly supreme is the use of the poor beleaguered apostrophe. Yes, there are a few cases where the apostrophe could be considered confusing or where typos are common ('it's' and 'its' etc.), but the biggest problem is in its use to indicate the possessive. Nothing could be more trivial and basic than the apostrophe rule, which simply asks 'who owns it?'. Answer with a noun immediately followed by and apostrophe: 'who/what owns the tail?', A: 'a single dog', thus 'dog's tail'; 'who owns the bat?; A: 'eleven boys', thus 'boys' bat'. Q.E.D! Yet, in the whole of English, nothing comes vaguely close as the misuse of the apostrophe to indicate to the world how abysmal the training of native speakers of English has become; it is nothing less than a towering beacon indicative of a widespread systemic failure in education.

          DAN*tastik, compared with many native speakers, your English is excellent. Want a job as an English teacher?

          BTW, DrDr's 'may/might' explanation is about as goods as it gets.

          1. Field Marshal Von Krakenfart
            Headmaster

            Re: @DAN*tastik -- @DanceMan etc... Welcome to the most screwed up spelling/grammar on the planet.

            When it comes to odd spelling, blame the so called scholars from the middle ages who decided that the old english and old french words should have a spelling that reflected their latin roots.

            Hence the OE/OF word "dette", to owe money, gets a 'b' from it's latin root "debitum" (or is it debitia???).

            Not that this idiotic practice has stopped, don't split infinites, why? because in latin infinitives are not split, they're one word (that’s one theory). As for ending a sentence preposition, that is one rule up which I will not put.

            Oh! One more thing, the correct spelling is "colour".

          2. The Indomitable Gall

            @Graham Wilson

            Actually, the reason the state of grammar teaching is so woefully inadequate in the UK is that hardliners like yourself give a very bad impression of what good grammar really is.

            Contractions are sloppiness -- they're part of the language and have always been. They are entirely necessary and inevitable in a stress-timed language, and English is a stress-timed language. A sentence such as "I wouldn't've been in the house" gets two natural stresses, and if you try to enunciate every word fully as "I would not have been in the house", you just won't be able to fit it to the natural rhythm and you will end up stressing something that you didn't intend to.

            I never hear your sort complaining about French, which has codified the contracted forms as the one and only correct form -- "J'ai" but never "Je ai"; "je n'en ai (pas)" and never "je ne en ai pas" etc. In fact, this may be one of the contributing factors to the failure of English grammar teaching -- the "contracted form" is in reality the base form, and the so-called "full form" is really the *emphatic* form. By trying to claim that the emphatic form is the unmarked form, you fail to connect with the student's internal model, and cause them to reject everything that you're trying to teach them.

            With regards to "tsunami", there's several things I could say. The consonant cluster /ts/ only occurs in syllable codas in English -- it is not available in syllable onsets. Consider the word "garage", which is also a borrowing. Do you say "GARage" or "garAGE"? If you compare the two, the -GE ending sounds different in them. How so? Because the the French-like GE of garAGE is only possible in the coda of stressed syllables in English. When the stress shifted to the first syllable (to better match the underlying patterns of English) it naturally resulted in a change of consonant quality. Either way, I bet you don't pronounce it with a French R. Similar, I bet you don't enunciate the first O in the borrowings "potato" and "tomato". And finally, can you tell me the stressed mora in the Japanese word "tsunami" (or even if it has one at all) and do you pronounce it with the correct pitch accent when you say it? I doubt it.

            The whole 's/s' thing is another pointless mess, arising from a failure to look at the nature of the genitive in modern English. The "plural possessive" doesn't actually match the internal model of the native speaker, where the possessive suffix/clitic 's is appended to a genitive, and as we all know (or would if we studied grammar properly), the English genitive (aka the "classifier noun") is always singular. For example "bread knife" and "toothbrush". Your "greenhouse" is full of greenS, plural. This is the reason that we only pronounce one S in plural possessive -- because there is only one S: the possessive S, not the plural. The orthographic distinction between s' and 's has no analogue in the native grammar.

            It's you sort that convinces people that grammar is valueless, so why not leave the matter to people who actually understand the matter?

            (And for the record, I'm a native speaker and I got first class honours in English Language at uni.)

            1. This post has been deleted by its author

            2. Graham Wilson
              Headmaster

              @The Indomitable Gall - - Re: @Graham Wilson

              Hardliner, surely not? If my English teacher read your comments she'd laugh in amazement then probably throw a copy of Fowler's 'The King's English' at you. I'm in engineering, and as a group we're often known for our inability to be able to string two words together. Having been to university, you'd have a damn good idea about what arts faculties think of engineers.

              I don't know when you were educated but most of my schooling was in the 1960s. Standards have changed so dramatically since then it'd be no exaggeration whatsoever to say that my teachers would be horrified if they read the posts and editorials in El Reg pages. Back then; grammar was a serious business from which no one could escape.

              What matters is being understood and understanding what other people have written. Today this is a problem but it was much less so back then. In short, that's comprehension and it used to be a large part of the English curriculum. In a few generations, things have gotten so bad that it's a regular occurrence in my profession to find that we can no longer make sense of manufacturer's engineering manuals and often we have to rewrite them before they're put into service. What makes it so bad is that both writer and reader suffer the same English comprehension problems. The matter is so serious that we'd be liable under occupational and health and safety if the manuals weren't rewritten in a clear, understandable and succinct form. It's not that manuals contain excessive jargon, rather the language and sentence structure used simply doesn't make sense. I should add these manuals aren't from Asia and in Ginglish but are written in English and are sourced from English-speaking countries. Similarly, I find myself regularly correcting reports others have written, and I'm forever correcting misused apostrophes that randomly appear almost anywhere in formal correspondence written by secretarial staff--they're supposed to be correcting my grammar, not vice versa! 30 years ago, this role reversal would have been unthinkable.

              It may be of surprise but I am somewhat familiar with French contractions. I've French relatives and I recall that once in Arles I found myself dealing with a hotel receptionist only to find that his contractions combined with the local vernacular brought the conversation to a halt. It was at this point he reached under the counter, produced two English-French dictionaries and handed one to me. We then burst out laughing. The French may have codified the contracted forms but as I've discovered that doesn't help in many parts of the country. Then again, France has the Académie française to formalise its language but as we know, such regulation would never work in English. Nevertheless, perhaps having no academy in English is part of our problem.

              Re 'tsunami', having worked in Japan for a while, and here in Australia where I reside, I'm often in contact with Japanese people but that doesn't make me expert in Japanese. Anyway, as you've asked, here's my take on it. The constant 'ts' is pronounced similarly as in 'cats' except it's at the beginning of the word unlike in English where it's only used at the end. 'tso' (with short vowel) may be a better pronunciation of 'ts' when used alone. The Japanese consonant 'tsu' (the small hiragana 'っ' or katakana 'ッ' sokuon symbol) is just one mora and the word 'tsunami' is both regular and short (almost abrupt). With only one mora in its name, the Japanese town of Tsu (loosely meaning port) claims the shortest sounding name in the world.

              However, all that is away from what I was driving at, which is that English has appropriated 'tsunami' for no other reason other than it's fashionable then screwed up its pronunciation in the process as the word requires a modicum of effort to say properly in English. Moreover, doing so it's killed off the perfectly good English term 'tidal wave'. Furthermore, there's no process in English to correct bad or stupid usage. I used this example not because I wanted to take on the role of a grammar cop but because written English in many areas is getting so bad that entropy has set--people can no longer understand what's been written. The apostrophe just serves as a trivial example; do away with it and entropy is increased, information is lost as there'll be instances when the possessive becomes ambiguous.

              In spite of all its logical inconsistencies and idiosyncrasies, one keeps the apostrophe in English because there's nothing better. Grammarians like yourself might hate its grammatical inconsistencies but hundreds of years of convention (wherein editors and master printers have formalised its use) have led to a consensus, a result that was useful enough for everyone to use and easy enough for schoolkids to learn if taught the simple rules.

              You say "the whole 's/s' thing is another pointless mess" and I'd be one of the first to agree with you. However, you grammarians have done nothing to rectify the problem except completely pull the fragile edifice down, now we've nothing but a 'guaranteed' mess. A glance at Fowler from the viewpoint of formal logic and it looks like a mess (at least it does to me), but nevertheless those rules worked, English written within the bounds of these rules was comprehensible and often a pleasure to read. Now it seems everybody's given up.

              In the bookshelf directly within reach of me is my copy of The Cambridge Grammar of the English Language (2002 ed)--all 1800+ pages of the damn thing. How the average human being is supposed to get his or her head around its contents is beyond me. This huge edifice is clearly a remarkable and scholarly insight into the workings of the English language but it's contents have not distilled out or trickled down into the schools or infused into the curriculum thus resulting in students having better English skills than those of 50 years earlier. To the contrary, there's widespread and irrefutable evidence that English as is taught today is leaving people much less skilled in the language. For years now, both universities and industry have been crying out over the fact, some universities have even offered remedial English courses to new entrants to compensate for the failure of the education system.

              "It's you sort that convinces people that grammar is valueless, so why not leave the matter to people who actually understand the matter?"

              So how do my sort convince people that grammar is valueless? I've never said that, and from what I've written here and elsewhere, it ought to be very clear that my view is quite the contrary. I've never sought the limelight in this debate and it's a tragedy that I've found it necessary for me to have to speak out. Literacy has fallen to such a low level that I'm feeling the repercussions directly in technical and engineering work. When technical and scientific industries start speaking out about the language and increasing illiteracy then clearly something's very wrong.

              With respect, the literacy establishment's let the ball drop and we techies have only picked it up with great reluctance, it's been an act of desperation on our part. You grammarians--custodians of the English language--have a lot to answer. For the last half-century or so, you've let established rules slip but failed to replace them with equal or better ones. The consequential effects have been that over several generations, many students have graduated whilst still teetering on the border of illiteracy. The consequential effects on our society have been enormous.

              We disagree but thank you for an enlightened discussion.

      2. stanimir
        Headmaster

        Re: Comming from a World renowned company in Social networking

        Actually with English being my second (or third) language they're/their/there are significantly less likely to be misspelled than what I've seen by native speakers. (the same holds true to than/then, lose/loose. your/you're).

        Usually non-natives first learn to write and then talk properly, so the fact the words sound the same doesn't matter that much.

      3. Anonymous Coward
        Anonymous Coward

        @ DanceMan

        Unfortunately, you have succumbed to Muphry's Law in the title of your post...

      4. Anonymous Coward
        Anonymous Coward

        Re: Comming from a World renowned company in Social networking

        Actually, that's a mistake only English speakers make.

        Foreigners like me have had to learn the hard way each word and we don't confuse them just because they sound alike. English speakers have an appalling grasp of their language's grammar.

        The worst imho: I should of done. How in hell can you mistake words with such different meanings?

        1. The Indomitable Gall

          Re: Comming from a World renowned company in Social networking

          "Should of" is the result of refusing to accept the correct form -- "should've" -- in writing. "Should've" is the act of the conditional perfect moving to a more synthetic form. No-one ever says "I of been" for "I have been", so it is clearly now a different thing in the native speaker's internal model.

    2. This post has been deleted by its author

  1. Mr Smeghead

    Who chooses the arbitrator?

    Let me guess ... Microsoft?

  2. danielwalewis

    Good thing we have UCTA over here, wouldn't cover "class action" but would stop them limiting their liability against the implied terms of the SGA (s13, s14.2 and s14.3)

  3. Ru
    WTF?

    How on earth did doing this become legal?

    They're certainly not the first big corporation to do this, and anyone else dealing with US consumers will no doubt follow suit in short order. It is clearly in their advantage to do so, if they can... MS aren't being any more evil than the next giant corporation here.

    Exactly which court is guilty of this particular act of screwing of the little guy? There must have been some sort of fairly recent precedent.

    1. Wile E. Veteran
      Coat

      Re: How on earth did doing this become legal?

      The US Government: the best government money can buy. And did.

      Mine's the one with the Beastie doll hanging out of the pocket.

    2. Daniel B.
      Thumb Down

      Scalia happened.

      a 2011 SCOTUS decision, backed by that infamous Scalia guy, allowing companies to force customers into opting for arbitration instead of class-action. Probably the closest thing to a Dredd Scott ruling in the 21st century...

      1. FrankAlphaXII

        Re: Scalia happened.

        Its spelled Dred by the way. And while its fucked up, I dont think it compares to declaring an entire population to be property that isnt protected by the constitution.

        The name of the case was AT&T Mobility v. Concepcion.

        The majority opinion was backed by ALL of the Right-wing members of the Court, as well as Kennedy, who switches sides at his own leisure.

        1. DAN*tastik

          @ FrankAlphaXII - Re: Scalia happened.

          It's spelled "it's" by the way :) And a few more apostrophes here and there in the rest of the post...

          1. Anonymous Coward
            Happy

            Re: @ FrankAlphaXII - Scalia happened.

            Shall we not even get into the sin that is starting a sentence with an "And"?

            1. Anonymous Coward
              Anonymous Coward

              Re: Starting a sentence with 'and'

              Not an issue if the quality of your writing is sufficient that it contributes to the overall meaning. For example, Shakespeare is quite fond of starting sentences with 'and' or 'but'.

              For most people though, it is indeed a sin - and therefore a good general rule.

          2. Anonymous Coward
            Anonymous Coward

            Re. apostrophes

            Here are a few spares for the next time you get antsy: ''''''''''''''

            It's hard enough to keep uninstalling those online spellcheckers every *ç%& idiot developer insists on inserting in operating systems and applications so I can retain the muscle memory that allows me to type "the" without needing that crap to then start worrying about apostrophes as well. Not that I don't care (I do, and I'm pretty good at their use unless I want to annoy grammar nazis), but I think that sort of complaint gets in the way of communication instead of enhancing it.

            Just my two cents or whatever currency you use.

  4. Dropper

    Not sure about this..

    While I agree there are a lot of things wrong with this, the amount you can be awarded in compensation is not one them.

    The most expensive XBox 360 or version of Windows is less than half the maximum award you can get in small claims. So if you are unhappy that Windows came with Media Player, you XBox overheats or you're still banging on about how IE should be removed because it killed Netscape.. then getting a grand seems more than fair. provided the store you bought it from won't give you your money back.

    The things that are wrong with it also don't include not being able to get $5 from a class action lawsuit.. oh you think you'll get more than that? Guess again, the money from class action suits goes to ambulance chasing lawyers, not the people affected. You'll probably get a free mamogram or teeth cleaning, thrown in, but you won't get cold, hard cash.

    The real thing wrong with it is that Microsoft will have some sort of control over the retribution.. I mean compensation..

    The real victims of Microsoft are not users. It's what they do to other software companies that matters and they won't be using class action suits.

    1. Someone Else Silver badge
      Stop

      Re: Not sure about this..

      "Guess again, the money from class action suits goes to ambulance chasing lawyers, not the people affected."

      You're missing the point (and for all you pedants out there, the apostrophe is in the right place). The point isn't necessarily how much money the plaintiff gets, It's about how much money the defendant pays. A couple-a 5 grand findings here or there (to quote the Jefferson Starship) "doesn't mean shit to a tree". However, a several tens of millions dollar finding (or two) tends to modify behavior a bit (or, at least, makes shareholders antsy). Yes, most of the money goes to the lawyers, and that is fucked up. However, if lining the pockets of a few lawyers is what it takes to alter bad behavior, I'm all for it. (Besides, once the class action suit has been settled, if you really want to try to get a big payday, decline membership in the class, and file you're own suit. The fact that the previous suit was found in your favor (or at least settled) will go a long way toward helping you win yours.)

      Think about it for a second or two...if class action suits are such a bad thing for the filers, why is Corporate America™ trying so hard to limit them?

      1. Anonymous Coward
        Anonymous Coward

        Re: Not sure about this..

        "You're missing the point (... the apostrophe is in the right place)"

        In that case, yes it is. I don't see how anybody could argue that the apostrophe would be placed anywhere else.

        "and file you're own suit"

        There, however, you really have shot yourself in the foot as no apostrophe is required at all. You should have written 'your'.

        If you're going to mention correct grammar or spelling or punctuation in your post then please do try to make sure you get it right.

        1. Someone Else Silver badge
          FAIL

          Re: Not sure about this..

          Your right! ;-)

          It just shows to go ya, I just cant type!

          (sic)

  5. Bob Vistakin
    Thumb Up

    Well, I for one support this move.

    Microsoft works really hard to build their systems and it's only fair they take sensible steps to protect their investment.

    1. Bill B

      Re: Well, I for one support this move.

      Dammit bob, you owe me a new keyboard.

    2. Anonymous Coward
      Anonymous Coward

      Re: Well, I for one support this move.

      It's very kind of you to try to entertain us. We all need a good laugh from time to time, it's a good exercise too.

    3. Michael H.F. Wilkinson Silver badge
      Coffee/keyboard

      Re: Well, I for one support this move.

      Quality comedy , that is, or quality trolling, maybe.

      Quality nonetheless

    4. Bob Vistakin
      Holmes

      Re: Well, I for one support this move.

      Thanks everyone - the down votes make my real point much better than I could myself.

  6. arrbee
    Pirate

    So if one person wins a case with general applicability then others can file individually on the same basis, maybe even on a no-win-no-fee basis with their lawyer. I'm not sure that would work out cheaper in the event of a major rooster rise.

    ( pirate icon cos I mentioned lawyers )

    1. Daf L

      But...

      It now takes one person to be able to afford a long, expensive case with not a certainty of winning and be able to pay for a lawyer through appeals for years.

      If they looked like losing they could also then settle out of court with a gagging clause and every person following would have to risk another full blown trial.

  7. LinkOfHyrule
    FAIL

    MS Prenup

    All new Microsoft products come with a free roll of toilet paper - it's what the end user agreement is written on!

  8. The Serpent

    I must be missing something here

    Sorry if I am being naive here, but who the fuck are Microsoft to determine how people may choose to exercise their legal rights?

    1. Anonymous Coward
      Anonymous Coward

      Re: I must be missing something here

      They can't. Well not in the UK anyway, we have legal statutory protection over here.

      1. This post has been deleted by its author

      2. The Serpent
        Thumb Up

        Re: I must be missing something here

        "They can't. Well not in the UK anyway, we have legal statutory protection over here."

        Like!

      3. CrossChris
        Mushroom

        Re: I must be missing something here

        Over here in the UK we have the "Sale of Goods Act" which states that a product must be "of merchantable quality". No Microsoft product has EVER achieved that status, so everyone who's ever suffered the indignities of trying to deal with MS products should have their purchase price refunded in full....

        1. LinkOfHyrule
          Thumb Up

          "of merchantable quality"

          That made me giggle! I would however argue that Microsoft are a right bunch of merchants!

          1. Michael H.F. Wilkinson Silver badge
            Happy

            Re: "of merchantable quality"

            Agreed, they employ many salesmen of the caliber of C.M.O.T. Dibbler. To sell a bad product as successfully as Microsoft clearly can, you must be a hell of a salesman. Window 7 is mostly OK, however.

      4. ranger

        Re: I must be missing something here

        Up to a point. It's also worth noting that if you *do* use MS's arbitration, then you don't have a subsequent appeal to the courts. See http://www.theregister.co.uk/2012/03/22/nominet_rules_mean_abusive_domain_name_registrations_finding_cannot_be_reheard_says_high_court/

        Disclaimer -- no doubt I've missed a boat load of specifics out, edge cases, things that are or aren't included in that judgement that apply here...

    2. Tom 35

      Re: I must be missing something here

      They are a big company (along with others) that gave money to politicians to insure the right people got on the supreme court so they can do what they want.

    3. JDX Gold badge

      Re: I must be missing something here

      >>Sorry if I am being naive here, but who the fuck are Microsoft to determine how people may choose to exercise their legal rights?

      It's not MS who decided it, it is the court. Read the article.

      1. This post has been deleted by its author

      2. The Serpent

        Re: I must be missing something here

        "It's not MS who decided it, it is the court. Read the article."

        I did. It says the courts made anti class action clauses possible after AT&T first did it without approval. The clause is still optional so Microsoft are not obliged to take them up on it, but they did elect to take them up on it. So I stand by my original question even though, thankfully, the situation doesn't affect me. Which is good because I will not set aside my options to hold a company to account for the convenience of being allowed to use their product.

    4. GT66

      Re: I must be missing something here

      They are one of the companies that bought and paid for the government of the United States of America. Gee whiz, that should be pretty obvious since the US edited its constitution to read: We the corporate interests in order to form a more profitable market...

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