____/ Robin T Cox on Tuesday 19 February 2008 16:29 : \____
> Computer software terms 'unfair'
>
> Story from BBC NEWS:
> http://news.bbc.co.uk/go/pr/fr/-/1/hi/business/7252707.stm
>
> Published: 2008/02/19 15:20:51 GMT
>
> Some of the world's biggest computer firms have been accused of imposing
> unfair contracts on customers who buy their software.
>
> The National Consumer Council (NCC) has accused 17 firms, including
> Microsoft, Adobe and Symantec, of using unfair "end user licence
> agreements" (EULAs).
>
> The NCC has asked the Office of Fair Trading to launch an investigation.
>
> The NCC said the firms' EULAs were misleading customers into "signing
> away legal rights".
>
> "Software rights-holders are shifting the legal burden on to consumers
> who buy computer programmes, leaving them with less protection than when
> they buy a cheap Biro," said Carl Belgrove of the NCC.
>
> "Consumers can't have a clue what they're signing up to when some terms
> and conditions run to 10 or more pages.
>
> "There's a significant imbalance between the rights of the consumer and
> the rights of the holder," he added.
>
> 'Legal responsibility'
>
> As one of the firms named by the NCC, Microsoft said it had not seen the
> details of the report and was unable to comment.
>
> But it added that it was committed to dealing "fairly" with consumers and
> addressing any concerns they might have.
>
> The NCC looked at 25 software packages and said that in 17 instances, the
> packaging did not tell potential buyers they would have to sign an EULA
> in order to use it.
>
> While some contained the EULA inside an instruction manual, or let it be
> read online, this was only after the software had been bought.
>
> "This means that consumers are unable to make informed decisions before
> they buy a product, yet are being forced to take on an unknown level of
> legal responsibility," said the NCC.
>
> After examining the contents of the EULAs, the NCC also said that some
> contained potentially unfair clauses.
It'll be interesting to see the outcome of this. Some stories of interest that
spring to mind are:
Do Microsoft's EULAs have any real legal basis?
,----[ Quote ]
| "Microsoft has no special exemption from the sale of goods act." Well,
| no, probably not - but it might still be selling you "services"
| instead of "goods". But the real point to remember is that it doesn't
| matter a jot what the "logical" position is, it is what the courts
| decide that matters.
|
| As far as I know, no one has tested Microsoft's EULAs in a UK court
| and, until someone does, Microsoft will just go on assuming that they
| work. And I don't fancy the risk of taking on Microsoft's expensive
| lawyers in court myself...
`----
http://www.regdeveloper.co.uk/2007/04/25/microsoft_eula/
Maybe this one too:
EULA: What Are You Signing Away?
,----[ Quote ]
| EULAs are not negotiated or negotiable, they are rarely read, and they are
| frequently difficult to obtain, said Rasch. "I just bought an iPhone and
| couldn't even see the TOS until I opened the box, synched the iPhone and then
| agreed to the TOS -- and had to pay a restocking fee and activation fee if I
| disagreed," Rasch commented.
`----
http://www.linuxinsider.com/rsstory/58451.html
Some people take licenses for granted and until they slide Vista down the chute
and move to XP and Linux they just don't appreciate their rights as customers.
--
~~ Best of wishes
Roy S. Schestowitz | It is no longer uncommon to be uncommon
http://Schestowitz.com | GNU is Not UNIX | PGP-Key: 0x74572E8E
http://iuron.com - proposing a non-profit search engine
|
|
