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by pdkl95 3939 days ago
First, default settings are never "consent".

Second, even if they did consent to automatic updates, that obviously applies to updating the current product they purchased. Upgrading to a different model is obviously not what people expect. Most people expect that their car will receive necessary updates (recall notices), which obviously doesn't include exchanging the car for next years model without some sort of additional contract.

Besides, it's obvious why Microsoft is forcing out the download - they are using download numbers in their their marketing strategy. (i.e. the astroturf headlines claiming "{N} Million User Download Windows 10 in {TimePeriod}")

2 comments

> First, default settings are never "consent".

First, I'm confused about how this is considered a default setting. Anytime I've installed a version of Windows that has automatic updates it asks me during the install what my update preferences are. Just because a select menu has something as the default doesn't mean that I'm not consenting when I review that select menu and hit "Next" in the installer.

Windows 8: http://www.eightforums.com/attachments/tutorials/7868d134523...

Windows 7: http://cdn1.alphr.com/sites/alphr/files/styles/insert_main_i...

Windows XP: http://www.dedoimedo.com/images/computers/xp_automatic_updat...

Secondly, this is a commercial product that I am choosing to install. By necessity it has a lot of configuration options that are set to various different values. Is it not implied consent that when I install an operating system that I am agreeing/consenting to all of the different default settings?

Your Win7 screenshot shows just a nice green shield next to the preselected default setting, and a scary red "X" next to the one that would prevent Win10 from being downloaded. The 3rd option also says that you will be vulnerable if you select it.

Finally, nothing on those screens says anything about automatically downloading a different OS. There's zero consent to that.

It's not a different OS it is an upgrade, and the scary red "X" is valid and not a scare tactic. I deal with people on a regular basis that are still running XP, which leaves them vulnerable to attack and infection.

In the always connected world that we live in, automatic updates are a very necessary fact of life.

Every update is a different model. Whether they call it 8.1 with KB 1498028 or Windows 10 is simply marketing.
That is true in a sense. But I think this is very from from how the average user sees things, and the way the average user sees things is crucial here since we are talking about user consent. In the mind of the average user, there is a very large difference between KB 1498028 and Windows 10.

This also glosses over the rather enormous difference in sheer size between this "update" and others, which is, as far as I understand it, the focus of people's concern here.