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As a society, we have decided that some contract terms are unenforceable, as there is often an asymmetric balance of power between vendors and consumers. For e
by 16bytes 11y ago
As a society, we have decided that some contract terms are unenforceable, as there is often an asymmetric balance of power between vendors and consumers.
For example, what if the tractor terms say that you couldn't vote Republican or you would have to surrender the tractor? Or you could only use brand-name repair shops. Or that you couldn't open the hood.
Farmers need tractors. It's not like they have the option to not have one and wait forever for a deal that's never going to happen.
Buying means change of ownership and just because you write something into a contract doesn't change that fact.
To finish your example, yes, I would expect the buyer to be able to hack the machine. They bought it and it is now theirs to do with as they please.
- teekert 11y agoAh, I get to alter conditions under which I buy stuff based on my need, this is great! It is what I always wanted! Problem is... When I sell stuff under certain conditions I'd like my conditions to be honored. Like when I sell you a wafer stepper to make computer chips, I like you not to copy my patented technologies so that I can never reach return on investment. Even if you bought the machine and you own it now. And most costumers promise not to do so and honor their promise. In the tractor case, I'd feel more honest (and much better in general) if I would just buy a tractor of a different brand with less stringent conditions attached. Why would you reward a tractor company that sells you stuff under screwy conditions? First you vote with your wallet and make a screwy company rich, then you complain. Perhaps you should think before you buy something. Or, get a group of people together and make a nice case to the manufacturer. Where do we end if we can just break any agreement we make based on need? The honest way to get to hackable tractors is to not buy un-hackable tractors. I'm all for hackable tractors, I'm all for hackable everything! So lets buy products that are hackable!
- wtetzner 11y ago> When I sell stuff under certain conditions I'd like my conditions to be honored. Frankly, if there are conditions, then as far as I'm concerned you're not selling anything. Selling implies a change of ownership. You've done something, but not sold something. If companies want to attach additional conditions, then they should have to call it something else, and make it clear that the agreement isn't a sale.
- digler999 11y ago> Why would you reward a tractor company that sells you stuff under screwy conditions? Probably because that tractor company is the only one left by either suing its competition, colluding with them to both adopt anti-consumer license agreements, buying them out, or lobbying politicians to making competition illegal by abuse of patent or copyright law.