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by PythonicAlpha 3962 days ago
Sure, you can try with any contract -- and go to trial.

But I have seen worse contracts and the companies are coming threw with it most of the time, but maybe in your country the juristic system is better and not the size of the company or the number of lawyers are important.

I for my side, would not bet on winning a trial against Microsoft in such a case.
1 comments
Silhouette 3962 days ago
In reality it probably wouldn't be an individual customer against Microsoft anyway. It would be someone like the national data protection regulator or European authorities, acting on behalf of the population as a whole, and they would probably be looking at the actual behaviour of Microsoft and whether it violated data protection laws. If Microsoft attempted to argue that weasel words in their terms permitted their behaviour but the evidence showed that in the real world users didn't know or understand the implications, I doubt that would work out very well for Microsoft. Those authorities are generally more pro-privacy than the US, and they have handed serious financial penalties to big tech companies before.
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PythonicAlpha 3962 days ago
It would be nice, if it would be that easy.

See my answer here: https://news.ycombinator.com/item?id=10055866

Can you name examples, where big corporations got "Serious" penalties for privacy issues? I don't know any. I only know, that in Germany, we always say, how important the issue is, but at least under our current government, privacy issues and the officers are laughed at by the big politicians. They might say different, but that is the reality (in Germany, everything is double-correct, until you look under the carpet!).

The trouble is, besides the juristic impact here, when you go on this level, it gets political and many influential German politicians don't want to mess with the US and with big corporations (their motto: "Sozial ist, was Arbeit schafft!"), particularly in the current government! And don't think, that the EU is an independent entity -- the German government likes to make it look as such, but in reality, the EU does nothing, what the governments of the most influential countries do not want.

(I also don't think, that the current German government will change soon -- it is a mess!)

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Silhouette 3962 days ago
Can you name examples, where big corporations got "Serious" penalties for privacy issues?

Not yet, but I would argue that's because organisations like Google and Facebook have changed their behaviour when challenged to avoid things going that far.

However, Europe has imposed heavy fines in the past on the likes of Microsoft, and various nations in Europe have also formally investigated and taken legal action against major tech firms in relation to privacy concerns. For example, see http://www.bloomberg.com/news/articles/2015-05-06/facebook-p..., which is about an ongoing investigation.

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PythonicAlpha 3962 days ago
Right. Investigations. But most of them are settled with a rather small fee for the corporations or with some small changes in the behavior (like the browser selection screen, that already was changed again in Windows 10, as much I heard).

That are the cosmetic changes I mentioned. I know nobody in the EU, that really wants to mess to much with the big corporations (I mean, the really big ones). And privacy concerns are mostly laughed at -- in Germany, the government itself even forces new privacy troubles without need on the people (like the "smart meter" or the "health card").

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