Over 1.4 billion people are estimated to use a version of Microsoft's Windows operating system. That staggering amount dwarfs the 100 million users of the macOS system, although Apple claims over 21% of the U.S. market share. Love it or hate it, Windows is by far the most popular operating system in the world. For many, it is indeed a love or hate relationship.
To keep up with the ever-increasing demand for improved efficacy and new bells and whistles, Microsoft began replacing its Windows 10 operating system with Windows 11 in 2021. Windows 11 features several of Microsoft's generative artificial intelligence (GAI) programs, which demand that the computers running the system meet healthy performance requirements. A recently filed lawsuit accuses Microsoft of ending free security updates for Windows 10 to force users to buy the newer system.
Claiming that the termination of free security updates will make his two business laptops and the computers of hundreds of millions of other Windows 10 users obsolete, Lawrence Klein is seeking relief in the California Superior Court. Citing violations of several of California's business and consumer laws, Klein demands that Microsoft be ordered to continue to offer free security updates for Windows 10.
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As is often the case when you're number one, the biggest targets are firmly affixed on your back. Because so many people use Microsoft operating systems, they're a natural target for computer virus designers who seek to exploit weaknesses in the operating system. While some are meant to be nothing more than annoying, other viruses can steal information, delete files, or even shut a computer down.
Operating system companies have staff dedicated to finding new viruses, neutralizing or preventing them from exploiting the system, and passing the protection on to users through major version updates and monthly patches. The latest version of Windows 10 is 22H2, released in 2022. It was the 14th version of Windows 10 and, if Microsoft has its way, the last.
Microsoft announced in late 2024 that it would end free security updates in October 2025. According to the lawsuit, more than 50% of Microsoft OS users were still on Windows 10 at that time. Klein claims that forcing users to switch to Windows 11 violates California's Unfair Competition Law, False Advertising Law, and Consumers Legal Remedies Act (CLRA). He cites precedent showing that the four years between the launch of Windows 11 and the shuttering of security updates for Windows 10 is half the time allotted for previous system changes.
In addition to financial damages, Klein wants Microsoft to be compelled to continue free security updates for Windows 10 until the total number of Windows users falls under 10%. He also wants the company to provide end-of-support dates in all of its advertising, which is an ambitious demand.
Success, or the Blue Screen of Death?
There appear to be several potholes for Klein's lawsuit to navigate around on his road to potential relief. Free security updates for Windows 10 are scheduled to end, but Microsoft is continuing to offer Extended Security Updates (ESU) - for a fee.
Businesses and organizations can get up to three more years of coverage for $61 the first year, $122 the second year, and $244 the final year. Yes, that means it doubles every year. Individuals can purchase a single year of security updates for $30.
Other operating systems are available for computers capable of running Windows 10. Many of them, like ChromeOS and Linux, are free. Because they have significantly fewer users than Windows, they're not as attractive to virus designers and can thus be safer to use.
When the ESUs take effect in October, Windows 10 will end ten years of free security updates. A judge or a jury will decide whether a decade was long enough.
Related Resources
- Online Security Tips to Protect Your Personal Information (FindLaw's Online Scams and Consumer Laws)
- Microsoft Crossed a Line by Searching Blogger's Hotmail (FindLaw's Practice of Law)
- Hacking Laws and Punishments (FindLaw's Criminal Charges)
