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Old 04-02-2014, 01:42 AM   #52
DNSB
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Posts: 47,094
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Join Date: Jul 2010
Location: Vancouver
Device: Kobo Sage, Libra Colour, Lenovo M8 FHD, Paperwhite 4, Tolino epos
Quote:
Originally Posted by BobC View Post
I never understood why Kobo thinks it has the right to stick new software on a device I own without my express consent. Without that consent there is an argument that they are in breach of the U.K. Computer Misuse Act but I doubt if anyone would be interested in prosecuting them.

BobC
When you purchased your Kobo, you consented to their terms of use. One of those terms of use reads:

Automatic Updates.
In order to keep your Software up to date, Kobo may automatically provide your Device with updates/upgrades to the Software.

The whole can of worms regarding whether such agreements are enforceable falls into a rather grey area since some court decisions have held them valid and others have held as not being valid. This agreement does state that Ontario law applies and that the United Nations Convention on Contracts for the International Sale of Goods will not apply.

If you are suffering from insomnia one evening, you can read the full document at: http://download.kobobooks.com/learnm...rms_of_Use.pdf

As Terry Pratchett/Neil Gaiman put it in Good Omens: Crowley had been extremely impressed with the warranties offered by the computer industry, and had in fact sent a bundle Below to the department that drew up the Immortal Soul agreements, with a yellow memo form attached just saying: 'Learn, guys...”

Regards,
David

Last edited by DNSB; 04-02-2014 at 01:49 AM.
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