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The recent system update named High Sierra from Apple Inc. encrypted my entire disk and resulted in data loss. They didn't inform me that the update would encrypt the entire disk and that there was a risk that it may fail; it did fail, and my data is lost. Is there a way to sue Apple?

  • Apple provides some very nice backup software named "Time Machine" for free. It is very easy to use. If you don't have backups, then data loss is absolutely inevitable. – gnasher729 Nov 10 '17 at 22:13
  • Inform them first, and see if they're willing to make a deal with you. You don't want to engage in opportunistic litigation -- it creates a hostile environment for both consumer and producer. Estimate the value of your loss and see what they say. – Mark Rosenblitt-Janssen Nov 11 '17 at 0:08
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By clicking "accept" on the software license, you waived your rights to sue for damages. But you can go to the support forums and make an issue of what happened; Apple - like most companies - doesn't like bad PR. Official Apple Support Communities

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    Accepting a software license is like asking users to be lawyers -- it probably would not hold up in court, unless the outside of the box informs them that "in order to use this software, please review the license with a qualifed attorney or technical professional." – Mark Rosenblitt-Janssen Nov 11 '17 at 0:06
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Almost surely not. The waivers and disclaimers of liability associated with software from a company like Apple Inc. almost surely insulate them from legal liability. At most you might get a refund of the cost of the system update, but that was probably free.

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    @MarkRosenblitt-Janssen Apple almost certainly provided the contract and required a specific acknowledgment that they had been read and understood. Click through contracts are legally binding. – Dale M Nov 11 '17 at 6:03
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    Take that case to court, then, @MarkRosenblitt-Janssen. Highly doubtful you’ll get in the door. The fact that TOS’ contain important information we should read is well known now, if only in some circles as the butt of jokes or objects of disdain with references to “fine print” in contracts. The consumer can’t play ignorant, accept TOS he or she knows contains “important info,” as vague as that may even be, and then sue Apple. Won’t happen. Besides, nobody is forcing you to accept the terms. No gun to anyone’s head to compel them to use MS Office. Therefore, no case. – A.fm. Nov 11 '17 at 6:06
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    @MarkRosenblitt-Janssen This is exactly how the law works. Lawyers use the tools at their disposal to achieve the best result possible for their clients and the main tools at their disposal are statutes, rules and cases. Generally speaking, lawyers are not in the business of fighting for justice, that would be superheroes. We are honored, however, to be confused for them. – ohwilleke Nov 15 '17 at 1:22
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    So amusing when an online arguer (troll) inevitably enters this late stage of getting literally nothing right. Lazy ad hominem attacks? Check. Nonsensical unrelated arguments ("What happened to freedom then?")? Check. You're good to go, @MarkRosenblitt-Janssen! Somehow the argument is now about when you can go outside. You're wrong there, too, though. States can obviously issue curfews under certain circumstances. You may not go outside then. No magic makes that happen. Just statutes. – A.fm. Nov 16 '17 at 3:06
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    Oh, and "officially left humanness and entered the domain of the computer." Okay, not sure, but apparently you're making this statement without any attempt at irony. Puzzling, but hilariously wrong again. The level of thinking that allows for mass organization and the creation, implementation, and maintenance of a system of laws to govern a society is specifically a defining human characteristic requiring the sort of imagination and intent unavailable to both computers and animals. Welcome to the present. – A.fm. Nov 16 '17 at 3:11

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