In the case of the brake work due to a recall, a court would simply note that it was the dealship's/manufacturer's choice to do work in addition to the brake repair and that said choice didn't reduce their responsibility under the recall notice. I don't see why it should be different for MS. Patches for security and other problems that affect people other than the user themselves should simply be mandatorily available to everyone, patches for new features and bugs that only affect the user can be limited however MS wants them limited.

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