That is not a case where a plaintiff attempted to recover damages sustained by a security software that failed to protect the system.ok, ... now this is just an example :
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Unauthorised Windows 10 Upgrade, claimant receives $10,000
Microsoft last month paid a California travel agent $10,000 after she won a judgment in small claims court by successfully arguing that an unauthorized upgrade to Windows 10 crippled her work PC. Teri Goldstein, the owner of Sausalito, Calif.-based TG Travel Group LLC, said that she had not...malwaretips.com
and you can search for more, if you want, cause there is tons of public data on internet directly from the US government not only serious news paper !
have a nice day ^^.
I am saying something very specific, and you are not paying attention.
No consumer/home user will ever get a penny out of Microsoft for Defender failing to protect a system. It is not possible. There is a huge legal and regulatory "carve out" that makes winning such cases impossible.
The case you are referring to resulted in a $10,000 judgment because a Philippines-based subcontract Microsoft representative made the legal mistake of offering the plaintiff, Terry Goldstein, $100 for her troubles. By doing so, that uninformed Microsoft representative unknowingly admitted culpability by making the $100 USD compensation offer. The plaintiff got lucky.
After that case, Microsoft change its agreements and there's no way any consumer is ever going to obtain a judgment for anything similar.
You can keep trying, but you obviously just do not know or understand how the law and the legal system works. You can keep citing this or that, what you believe to be true, but you're just wasting your time and worse, you are spreading misinformation to people. There are nuances to the law and you have to know and have experience within that system to understand the cases.
Again...
No consumer/home user will ever get a penny out of Microsoft for Defender failing to protect a system. It is not possible. There is a huge legal and regulatory "carve out" that makes winning such cases impossible. Not against Microsoft. Not against any other security software publisher.