"With the widespread dissemination of Windows 10 the Defendant seeks to maintain its position of dominance in the marketplace," the complaint argued. "The Windows 10 system adds yet another dimension to its extant body of operating systems and in effect keeps the consumer 'in the fold' while gaining a captive audience for Defendant's ancillary products."
Lawyers for Khafaji, Abdulreda and Stahl even managed to work in a reference to the 1984 film The Terminator. "The Plaintiff's Windows 10 marketing technique is reminiscent of the story line in science fiction films like Terminator which have a scenario where the computers start functioning autonomously," the complaint read. Some users, including the plaintiffs, have claimed that their PCs were upgraded to Windows 10 without their approval or authorization, often while they were away from the computer.
Although last week's lawsuit was the first believed to have hit a federal court, it was not the only legal action taken against Microsoft's Windows 10 upgrade offer. In May, Microsoft paid California travel agent Teri Goldstein $10,000 after she won a judgment in small claims court by successfully arguing that an unauthorized upgrade to Windows 10 crippled her business's PC.
In a statement Friday, Microsoft said it would prevail. "We believe the plaintiffs’ claims are without merit and we are confident we’ll be successful in court," a spokeswoman said.
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