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Why not sue them?

Why not sue them?

Posted Oct 19, 2006 18:28 UTC (Thu) by NRArnot (subscriber, #3033)
In reply to: Why not sue them? by khim
Parent article: Free gadgets need free software

There may well be some juristictions where taking away functions which were there when the device was first purchased, and especially refusing to give them back, will be considered illegal (and perhaps even criminal). And there are quite a few places where contracts are subject to overriding legislation outlawing unfair terms (variously defined) so trying to deny all responsibility in the small print may not work. And of course, there's the longstanding issue about whether a shrink-wrap "contract" that you can't read until after you purchase is any sort of contract at all, or just packaging materials. If there's no valid contract, revising functionality downwards in an irreversible manner sounds a lot like criminal damage (just how does it differ from a garage returning your car with the windows deliberately smashed?)

A manufacturer who sells such a device world-wide will be walking on thin ice.


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Why not sue them?

Posted Oct 19, 2006 19:38 UTC (Thu) by sepreece (subscriber, #19270) [Link]

I think this misses a key point - it is not the manufacturer who is installing the upgrade, it is the user, voluntarily choosing to give up some existing functionality in return for some new/improved functionality. The original device, with its original firmware, continues to meet its sales description. So, I doubt there's a legal issue with this.

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