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I agree with the lawsuit.

If there is a chance that the mandatory software update caused the malfunction(s), then this is the way to go. The "this is how it's always been" argument is no argument at all (For a radical example, remember that women had no right to vote on a "this is how it's always been" basis.). I'm not saying that this alone will change something, but if no one tries anything, things will only get worse.