Linked by Thom Holwerda on Mon 7th Mar 2011 23:21 UTC
Legal Well, how about some positive news to end this day? How about annoying the heck out of the Business Software Alliance? There's a new proposal for a directive on consumer rights in the EU, and in it, digital goods - software, online services, and so on - are explicitly defined as goods that are no different than any other good - like bread, watches, or cars. In other words, you would suddenly own the copies of software you buy, effectively declaring the EULA as a worthless piece of paper. Surprise - the BSA is not happy about this.
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RE: Flawed analogy
by unclefester on Tue 8th Mar 2011 08:19 UTC in reply to "Flawed analogy"
unclefester
Member since:
2007-01-13

This is a very flawed analogy. If a car is delivered with a "defect" or a "bug", the manufacturer has a duty to consumers to correct that defect. Software bugs are defects, not "wear and tear" items like the cable you suggest. So their claims are 100% pertinent - if software was delivered with any bugs whatsoever it would be the software companies duty to fix that for whatever period the governing authorities saw fit, and it's impossible to deliver complex software with absolutely no bugs.


Wrong. Companies would merely be required to provide a software warranty period eg. 12 months. They would also be required to provide patches for a certain amount of time.

Wrong. Under consumer law products merely need to be fit for the intended purpose - not free of defects. Expensive or critical mission software would be required to have very few bugs. Free software would have no quality requirements at all as long as it didn't cause deliberate damage.

When was the last time a car manufacturer sent out a letter asking everyone to bring in their car for a free update to maybe give them more fuel economy or a more responsive transmission for example?


What do you think a vehicle recall is? Car companies do it all the time. Upgrades of software and mechanical components are often done during routine servicing.

And there would be no reason whatsoever for them to offer "upgrades" to current licenses - because it's not a licence any more.


False. In fact low-cost upgrades would be necessary to ensure customer loyalty. Otherwise they would simply switch to a competitor.

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