Microsoft is strengthening its mandatory arbitration provision as of May 1, 2018

Once upon a time, consumers could band together in class actions against big companies when they were collectively aggrieved. Often, the injury to each person on her own was small — but the cumulative effect was a wrong on the business’s part. So, for example, Microsoft had been sued for various competition law abuses — class actions that the company expected to cost it $1.9–2.0 billion to resolve.[1] But those class actions are a thing of the past — as Microsoft and other companies have been making consumers surrender the ability to participate in one.

Arbitration agreements do more harm to consumers than merely prevent class actions, even if arbitrators are as fair to plaintiffs as judges would be; arbitration can make it more difficult to assert a meritorious claim on one’s own as compared to going to court. Procedural rules differ in arbitration, and the ability to conduct discovery — to force the other side, under pain of contempt, to cough up incriminating documents — may be more limited than the broad scope allowed under the Federal Rules of Civil Procedure. And as the #MeToo movement has revealed in employment-related arbitration agreements used to keep a lid on sexual harassment claims, the rules of arbitration could require you to keep quiet, even if you win — as contrasted to open dockets, public trials, and published judicial opinions in a real court system. So even if the consumer wins, the company wins tenfold more: first, they don’t have to deal with negative PR; second, in the aggregate, other plaintiffs could be discouraged from pursuing their claims because they don’t know that other similarly situated consumers have already prevailed.

Continue reading “Microsoft is strengthening its mandatory arbitration provision as of May 1, 2018”

Footnotes   [ + ]

1. See 2011 Annual Report — Contingencies, Microsoft Corp., (“A large number of antitrust and unfair competition class action lawsuits were filed against us in various state, federal, and Canadian courts on behalf of various classes of direct and indirect purchasers of our PC operating system and certain other software products. . . . We estimate the total cost to resolve all of the state overcharge class action cases will range between $1.9 billion and $2.0 billion. At June 30, 2011, we have recorded a liability related to these claims of approximately $568 million, which reflects our estimated exposure of $1.9 billion less payments made to date of approximately $1.3 billion mostly for vouchers, legal fees, and administrative expenses.”).

Bad typesetting in law reviews

Footnotes (star and numbered) completely unaligned
Unbalanced headings
No nonbreaking spaces between the periods, and lacking a space between the ” . . .” and the semicolon
Missing period at the end of a citation footnote
Lines of text beginning with ellipses
Unbalanced lines and bad line breaks in URLs
Incredibly bad breaking of URL across lines
An entire line with three words on it
Look at that last line!
These were definitely em dashes in the quoted source, probably copy-pasted
These are supposed to be em dashes!

Removing useless Windows 10 preinstalled apps

Based on, with the additional refinement of a filter that removes only Store apps and not system apps or frameworks, using PowerShell:

1. List the apps that would be uninstalled.

The -AllUsers flag requires an elevated PowerShell run on an administrator account. Omit the -AllUsers flag if running as a nonadministrator for the current user.

Get-AppxPackage -AllUsers | where-object {$_.IsFramework -eq $false -And $ -notlike "*store*" -And $ -notlike "*calc*" -And $_.SignatureKind -eq "Store"} | select Name

On a 1711 newly installed VM, this resulted in this list:


2. Actually uninstall them.

Get-AppxPackage -AllUsers | where-object {$_.IsFramework -eq $false -And $ -notlike "*store*" -And $ -notlike "*calc*" -And $_.SignatureKind -eq "Store"} | Remove-AppxPackage

Certain apps that cannot be uninstalled might be listed in the output.

Creating a LUKS-encrypted DVD/BD data disc

I’ve been backing up some of my larger files to Bluray lately, instead of trying to upload them over a 10 Mbps uplink.

In the past, I used GPG (on a .tar or compressed .tar.xz) or Veracrypt (on a file container) to encrypt at rest, before burning those files onto a standard UDF/ISO9660 optical disc. Now that I use a Linux desktop, I wanted something slightly more native — a method that

  1. protects the directory structure and filenames without needing to use an archive file (like .tar);
  2. would be generally unintelligible on a Windows PC (this is a feature, not a bug); and
  3. could be scripted on the command line for server backups, without requiring a GUI.

Based on some resources online, I settled on using LUKS.

Continue reading “Creating a LUKS-encrypted DVD/BD data disc”

Microsoft derps on Excel ad

Original resolution of Excel ad showing treemap chart

Microsoft’s Facebook ad for new features in Excel highlights the Treemap visualization, but gets it totally wrong.

Ad for Excel visualization features

A treemap is supposed to visualize relative size in a hierarchy. But in the illustration here, the data don’t fit this type of visualization (it’s a time series of one flat variable—without hierarchy).

Original resolution of Excel ad showing treemap chart

But it’s even worse than that. The relative sizes don’t make sense! Why would the 31 MPG box for January be so much larger than the 32 MPG box for May?

This seems like a great illustration of why math/statistical education should be required for everyone—even visual designers and marketers. Or at least, the people selling the product should understand what the software actually does.