Comment by mcv

19 hours ago

I don't understand how this is legal. Isn't this malware? Isn't it illegal to install malware on someone's computer without their permission? Or is this very illegal, but nobody cares about that anymore?

I guess it’s becoming harder for MS to define malware in a way that would catch this behavior but does not flag their own products as well.

Tou probably agreed to this when you broke the seal on the box that contained the monitor and a copy of the agreement you just agreed to.

If you think that’s bad, don’t ask what you agreed to by reading this comment.

I miss the days when contracts required two-party consent, or at least “meeting of the minds” / negotiations.

  • There have been courts that have voided unreasonable EULAs, I believe. I suspect this can be fought too. But getting actual meaningful consequences for the manufacturers to make them stop doing this, may be a different matter.

you'd need to legally prove it's malware and they would definitely claim it's useful software tools that come with the hardware or something

"Isn't it illegal to install malware on someone's computer without their permission?"

Yeah but you almost certainly granted permission to allow updates from our "Partners" when you installed windows. How did you miss clause III of romanette 2 in the 6th paragraph right in front of your face on page 26 of the ToS?

It is legal by default. The question is: why isn't it illegal?

Some quick searching suggests this scenario hasn't been tested in the courts. Like most things, you have to take it to the federal courts and establish case law, OR pass a law (good luck).

It shouldn't be allowed. Microsoft shouldn't allow this, but they do, because they like having revenue from business partners.