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Old 11-18-2009, 11:07 AM   #203
DawnFalcon
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Join Date: Aug 2009
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Quote:
Originally Posted by Lo Zeno View Post
If you could be more specific and give me a concrete example, it would help greatly. I don't know UK laws, so I can't know how they are more complex and restrictive than normal commercial laws, and despite your efforts I still don't know what part of those laws they are not complying with. Can you please tell what are they doing illegally?
Please understand, they're selling these things as what UK judges is a sale. (If it looks like a sale, smells like a sale and is paid for like a sale? It's a sale!) They can't enforce restrictions only avaliable via a liscence because it's not liscenced, and any attempts to do so are illegal.

i.e. "No resale", which due to exhaustion of rights is something which cannot be enforced on a sold product.

(Also note this only applies to sales to end-users, company-company sales are, pretty much "buyer beware")

If something is a service then, for instance, there is an explicit right to recieve a "satisfactory" service, which has to be made good at the expense of the company providing said service. This was actually primarily aimed at cowboy builders, but would apply equally to software!

Quote:
if I pay for a three years service and get kicked out after 2 years, I get a 1 year refund; but if I pay only each time I benefit of the service, I can't have a refund.
Yea, thats how it works, billing period minimums. But with XBL, if you pay for a year then get banned the next day, they don't give you 11 months back.

Microsoft have settled a number of these cases before they reached the small claims court. It's not in their interest to get a judgement against them there, and nobody has yet - although someone could - take it to a full court. And only the refund term could be changed in an action focusing on that...it's not precisely a high return item for a law firm.

Last edited by DawnFalcon; 11-18-2009 at 11:17 AM.
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