Microsoft loses German case over force-feeding Windows upgrades

But will Microsoft extend the ruling to its twice-yearly operating system updates?

Microsoft has lost a case in Germany over 'force feeding' operating system upgrades on users in the latest twist in the company's 'updategate' saga.

During the ‘free upgrade' period of Microsoft's Windows 10 rollout between July 2015 and July 2016, and subsequent updates, the company was criticised for downloading large amounts of data to users' machines without their explicit permission, or even an acknowledgement that the upgrade was wanted.

In response to the case, Microsoft has promised not to resort to such practices again - in Germany or anywhere else.

The case was brought by a consumer rights organisation called Verbraucherschutz Baden-Württemberg (VBW). It was responding to complaints from users of Windows 7 and Windows 8.1 who had Windows 10 installation files downloaded without ever indicating they wanted to upgrade.

"We would have wished for an earlier introduction [of the rules], but the levy is a success for consumer rights in the digital world," says Cornelia Tausch, CEO of the VBW.

Tausch continued: "We assume that Microsoft and other software developers will pay more attention to which procedures are allowed in the future and which are not. The unsolicited installation of files containing multiple gigabytes is certainly not it"

"Microsoft will not download install files for new operating systems to a user system's hard disk without a user's consent." said the company in one of its characteristically vague statements".

The so-called 'updategate' saga was followed closely on websites such as The Inquirer, partly instigated because the practice caused some smaller devices, such as tablet computers, to be completely monopolised by a "ghost" operating system. Others on metered internet connections were being charged for as much as 6GB in downloads they never asked for.

Microsoft is yet to fully confirm that it will extend the policy to its now twice-yearly operating system forced updates as the ruling only applies to complete operating systems.