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Is there anything in the EU law (or the law of any EU state) that permits suing Microsoft for auto restarting my PC each time there is a windows update (and not allowing me to prevent this)? My PC is my property and I should be the one that decides what to do with it.

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    And if MS didn't auto-restart, people would be suing them for failing to ensure the security of the operating system. Windows already offers a variety of features to prevent restarts at unexpected times, such as by performing the restart outside of your Active Hours (in a home context) or through group policies (in a business context).
    – amon
    Jul 23 '21 at 8:18
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    What financially quantifiable damages were suffered as a result? Jul 23 '21 at 8:29
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    Did you read terms of services thoroughly?? Windows is certainly not your property you're just licensed to use that.
    – ShivCK
    Jul 23 '21 at 8:29
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    You might have more luck asking on Superuser about how to control these updates. Jul 23 '21 at 10:05
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    @JBentley It's the same on Linux, largely. Only few programs such as systemd can update without losing state. An application update (such as for your web browser) will require a restart of the browser. An X server or desktop environment update will require a restart of your session. A kernel update does require a restart of the kernel, though live patching can be used in some cases. On Windows, the different file system model adds additional complications (can't write a file while it is in use). Yes it's a design choice, but the design was not chosen out of incompetence or negligence.
    – amon
    Jul 23 '21 at 13:15
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Anyone can sue anyone for anything- you don't need a law that says "user39137 is allowed to sue Microsoft for restarting his PC". The question is whether you will succeed.

You won't, for two reasons. Three if you count the fact that it's trivial to stop updates restarting your PC at inconvenient times.

First, you probably agreed to this in the EULA.

Updates. The softwareperiodically (sic) checks for system and app updates, and downloads and installs them for you. You may obtain updates only from Microsoft or authorized sources, and Microsoft may need to update your system to provide you with those updates. By accepting this agreement, you agree to receive these types of automatic updates without any additional notice.

Windows 10 EULA

This likely isn't the only bit where you accept this, but it's the best I could find by skimming with ctrl-f. Obviously if you were to start a lawsuit, you'd want to read the whole thing.

Second, to sue someone you need to have suffered damages. "Being annoyed because the computer restarted in the middle of Among Us" isn't really worth anything.

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  • 1. I know that I've accepted the term, like I have any other option if I have to work with clients that require tools that only work on windows :) 2. Updates are one thing, force restarting my PC is another thing. 3. Damages: work lost (ex: rendering, takes a lot of time) because windows decided to restart my PC in the middle of if. Time lost to restore the entire work environment after the unexpected restart.
    – user39137
    Jul 23 '21 at 9:27
  • @user39137 The fact that you choose to use tools that require Windows does not invalidate the agreement. If using Windows is impractical, use a different operating system. Jul 23 '21 at 10:04
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    I agree that the OP would probably not succeed. But the reasons gloss over quite a lot of nuances. (1) Not everything that is in a contract is enforceable - they are subject to all sorts of rules of statute and common law and in particular consumer protection laws can have quite a complicated effect. (2) "to sue someone you need to have suffered damages" - might be correct here, but definitely incorrect as a generalisation. Damages is just one remedy out of many others available in the courts e.g. financial remedies available by statute, rescission, injunction, etc.
    – JBentley
    Jul 23 '21 at 11:47
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    @JBentley: Do you have a source for that? I've always understood that you need to have suffered damages (which need not be monetary) in order to have standing to sue. In the context of restitution, civil law focuses on damages because its goal is to establish equity, but, as you state there are other punitive or preventative measures that it can also inflict.
    – sharur
    Jul 23 '21 at 18:23
  • It is easy to image a case where there are damages, but the EULA also waives a right to recover for damages of that type.
    – ohwilleke
    Jul 23 '21 at 21:31

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