A PR disaster: Microsoft has lost trust with its users, and Windows Recall is the straw that broke the camel's back
It's a nightmare scenario for Microsoft. The headlining feature of its new Copilot+ PC initiative, which is supposed to drive millions of PC sales over the next couple of years, is under significant fire for being what many say is a major breach of privacy and security on Windows. That feature in question is Windows Recall, a new AI tool designed to remember everything you do on Windows. The feature that we never asked and never wanted it.
Microsoft, has done a lot to degrade the Windows user experience over the last few years. Everything from obtrusive advertisements to full-screen popups, ignoring app defaults, forcing a Microsoft Account, and more have eroded the trust relationship between Windows users and Microsoft.
It's no surprise that users are already assuming that Microsoft will eventually end up collecting that data and using it to shape advertisements for you. That really would be a huge invasion of privacy, and people fully expect Microsoft to do it, and it's those bad Windows practices that have led people to this conclusion.
Is that a valid and enforceable clause though, even if i clicked "i agree"?
It should be illegal to include unenforceable clauses in any TOS or contract since it deceitfully implies it means something.
Should be, yes. I'm pretty sure it's not in the US though. It's pretty common here.
Of course not. But it won't stop them from trying or spending billions on legal fees to avoid paying out a tiny fraction of that.
No.
Sorry, this may be unpopular, but software license click-through agreements are enforceable.
Source: I'm not a lawyer, but worked in a software contracts office with lawyers, so some of it ruined off. Essentially your legal options are, use the software according to the license agreement, or don't use the software.
A third option would be, I guess, use open source software so you don't deal with that bullshit.
Edit: Part of it is wrapped up in the Uniform Commercial Code, which is a whole bundle of standard laws which is quite complex. Basically you pays your money, and you get a thing, but there are all sports of knobs and levers to handle every contingency. You can nope out of the transaction, but you don't get the thing.