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I'm sure it's the cyoa language like most Eula have. The bad publicity from actually enforcing stuff like this or attempting to enforce it is something most co
by elmerfud 5y ago
I'm sure it's the cyoa language like most Eula have. The bad publicity from actually enforcing stuff like this or attempting to enforce it is something most companies don't want to deal with but they stick this nonsense in anyway just in case.
Most of this looks fairly boilerplate ever looked through like a Windows license agreement or something. Even the agreement for purchasing this product probably has very similar languages as well.
The legal president around most of this is actually contract law. The sneaky thing is though they try and push this after you've already made the purchase which allows it to be questionable at best but then you have to fight it.
What you should do is sue the company for the time and cost that you sunk into compatible peripherals because they did not make this as an agreement up front. Seems the only way you would have known that you were required to agree to this was my purchasing the camera and turning it on. But again that's more cost and you're ultimately just ending up lining the lawyer's pockets so they're happy to write agreements like this because they get paid on both sides of it.
Ultimately the best solution is one we will likely and never see which would be an update to the Magnuson Moss warranty act. Something that would take these one-sided eula's and toss them right out the door. Something in there that would be if the company no longer wishes to produce or fix software updates for a product they must immediately release to any owner of the product and this can include second or third hand owners all of the source and the build tools and build chains so it can be maintained. I'm really afraid something like that will never happen simply because at the time of the Magnuson Moss warranty act that primarily dealt with automobiles but extended to other things as well people knew how to work on their automobiles for the most part understood the parts understood that aftermarket parts could be built and worth a thing and it was fine to reverse engineer those and make copies of them. All automanufacturers also released complete engineering diagrams of their vehicles and complete repair and assembly manuals for the vehicles and due to the idea that the manufacturer and the people who had to maintain them were completely separate entities.
Considering how little people understand that software is as an integral as a component to an electronic device as spark plugs are to a gasoline engine we will never see an update to include this idea that it's not just hardware that can be repaired and not violate the warranty it's the software as well.
- cbm-vic-20 5y ago> software is as an integral as a component to an electronic device as spark plugs are to a gasoline engine I've never had a spark plug removed from an engine due to quarterly updates.
- kube-system 5y agoChevrolet replaced some folding keyfobs with old style fixed keys as a part of their ignition switch recalls. Tesla has pushed software updates to remove features.
- elmerfud 5y agoAnd as part of updates / recalls to cars they've also removed functionality such as locking steering columns because they caused so many problems.
- elmerfud 5y agoThe relationship here is if a car manufacturer decided to stop selling spark plugs for their car and under the threat of a license agreement prevented anyone else from making a compatible spark plug the government would step in and stomp all over them. Yet there is no similar protections when you buy a device that requires software to run that the manufacturer has abandoned.
- pessimizer 5y ago> the government would step in and stomp all over them. Would they, though? I'd be interested in specific cases.
- elmerfud 5y agoThe specific case is the Magnuson Moss warranty act this covers self repair and the use of aftermarket parts in the attempt of the manufacturer to deny claims based upon the use of an unrelated aftermarket part. Additionally look up copyrights surrounding the sale of books and the attempt of placing a license agreements around books and how that failed yet somehow software that is sold in a very similar manner to books can be covered by both copyright and a license agreement.