Quote:
Originally Posted by rationalbiker
At any rate, their suit would probably would not have merit unless they could demonstrate that they had contracted (expressed or implied) with Adobe that Adobe would provide a certain durability for the product they purchased.
|
disclaimer: I'm not a lawyer. anyways.
umm.... Didn't they?
If I "buy" an "ebook," doesn't that represents a contract? A contract which "implies" I will be able to read said "ebook."
There are "implied" warranties of "fitness for intended use" in the US. I can't imagine any judge would fail to see that an unreadable ebook does not meet the "implied" warranty of "fitness for intended use." What else would be the intended use?
from:
http://legal-dictionary.thefreedicti...duct+liability
"Breach of warranty refers to the failure of a seller to fulfill the terms of a promise, claim, or representation made concerning the quality or type of the product."
If Adobe has bugs in their system preventing people from registering books to their computers... and thus said books can't be read, ? why does anyone object to a lawsuit? selling un-readable ebooks is plain theft.
I think small claims court is the wrong way to go though. The better path in the US would be a class-action lawsuit through the attorney general, wouldn't it? Then there's one suit representing all pissed off customers.
I'm really getting sick of companies in the US shitting on customers like this. I'm lied to all the time by big US companies that sell me products that just plain don't do what they're supposed to do. Yeah, there are a lot of nonsense lawsuits in the US... someone sews mcdonalds because they're coffee was hot, etc etc, ... but there are also a lot of lying thieving companies in the US that consumer protection agencies should be doing more to protect us against.