5 ms·
I don't have the original license agreements handy to determine whether this is the case, but I'm guessing the following are true: 1) Customers "agree" to bind
by mortenjorck 6y ago
I don't have the original license agreements handy to determine whether this is the case, but I'm guessing the following are true:
1) Customers "agree" to binding arbitration
2) Adobe reserves the right to terminate your ability to install the software at any time
If the above are not true, however, this seems like a nice target for an entrepreneurial class action lawyer.
Of course, what we really need are some vastly better digital consumer protection laws.
- 542458 6y agoThe original EULA doesn’t say those things (CS3 was before the era where everything had an arbitration agreement stapled to it), but does say that the software is only warrantied for 90 days and that that is the only warranty you get unless you have a support contract. https://labs.adobe.com/technologies/eula/photoshopcs3.html https://labs.adobe.com/technologies/eula/photoshopcs3.html
- nitrogen 6y agoI'd bet there's some other law that applies when a product ceases functioning because it was, in a way, sabotaged by the manufacturer.
- ragnak 6y agoLook at "planned obsolescence": https://en.wikipedia.org/wiki/Planned_obsolescence https://en.wikipedia.org/wiki/Planned_obsolescence
- hajile 6y agoEven with arbitration, tons and tons of arbitrations cases can hurt even large businesses. To be clear though, arbitration where the employer chooses and pays (pays off really) the firm in question seems the definition of a conflict of interest and a one-sided contract that should be thrown out.
- thrwn_frthr_awy 6y agoEULAs in boxed software were always strange to begin with. You could not return opened software so if you purchased something like CS 2 on disc and didn’t like the terms there was nothing you could do. The agreements were not always enforceable unless the terms were stated on the box or a refund option was provided (which rarely was for fear of piracy).
- StillBored 6y agoI just realized that I'm apparently scarred for life by this. I still regularly open electronics boxes from the bottom/back because of those silly little "no returns if broken" seals that seemingly were only on the top of the box. Just did it couple days ago for a sim for my LTE hotspot. I guess on the plus side, my returns tend to go smoothly as the boxes tend to look unopened.
- DaiPlusPlus 6y ago> You could not return opened software On the contrary, I remember reading EULAs that clearly stated that if the user didn't agree with the EULA they could return it to the store where it was purchased for a full refund - regardless of the condition of the box. I think that was in Microsoft's terms mostly?
- thrwn_frthr_awy 6y agoYes, that is what I said in my comment—they needed to provide a return option. I’m happy to hear Microsoft did this when most companies did not.