Microsoft, Symantec sued over software licences

ToshiroOC · Feb 12, 2003, 02:58 AM

A Class Action was filed against Microsoft, Symantec, CompUSA, Best Buy and others last week, alleging that the firms engaged in unlawful and unfair business practices.

The action, filed in Marin County, California by Cathy Baker and on behalf of the "General Public of the State of California", alleges these companies worked together to sell software without allowing customers to see the terms and conditions of the licences before sale.

That means that consumers are faced with agreeing to those terms and conditions only when the software is installed.

And the action claims that customers who do not agree to the Ts&Cs, not only can't use the software but they are forbidden to return it to the shops they bought it in.

That, alleges the plaintiff, imposes "hurdles and unfair burdens" on consumers and leads to delays and additional expenses in getting refunds.

Shrinkwrap licensing practices unlawfully conceal contract terms from the consumers it is alleged. And the suit further alleges that Microsoft and Symantec return policies are onerous.

--By Inquirer Staff, source: The Inquirer

Article can be read here.

Gurm · Feb 12, 2003, 08:49 AM

About time! I've been maintaining for YEARS that EULA's on software are unlawful under United States Contract Law. The basic problem is this - anytime you BUY something, it's a contract. You have agreed to the "terms" of the contract, and they have agreed to take your money and provide you a product. The problem is that if you can't see all the "terms" before opening the product, and aren't allowed to decline the contract (i.e. return the item) after opening - then they are in breach of contract law.

dai · Feb 12, 2003, 11:39 AM

like most people i never read the eula i just assumed that if you did"nt agree you could return the product,hope they win

Nexus · Feb 12, 2003, 05:09 PM

its sad that their being targeted now they will either have to post a huge EULA in the stores or on the box taking away the pritty picture that we all like to dool over lol i think this is as dumb as the Mcdonalds made me fat lawsuits no body forced these ppl to buy the software and if you got to sell the software on ebay to get your money back (or at least a portion of it)

Feb 12, 2003, 02:58 AM	#1
ToshiroOC Unbiased. Join Date: Jun 2002 Posts: 4,812 Rep Power: 0	Microsoft, Symantec sued over software licences A Class Action was filed against Microsoft, Symantec, CompUSA, Best Buy and others last week, alleging that the firms engaged in unlawful and unfair business practices. The action, filed in Marin County, California by Cathy Baker and on behalf of the "General Public of the State of California", alleges these companies worked together to sell software without allowing customers to see the terms and conditions of the licences before sale. That means that consumers are faced with agreeing to those terms and conditions only when the software is installed. And the action claims that customers who do not agree to the Ts&Cs, not only can't use the software but they are forbidden to return it to the shops they bought it in. That, alleges the plaintiff, imposes "hurdles and unfair burdens" on consumers and leads to delays and additional expenses in getting refunds. Shrinkwrap licensing practices unlawfully conceal contract terms from the consumers it is alleged. And the suit further alleges that Microsoft and Symantec return policies are onerous. --By Inquirer Staff, source: The Inquirer Article can be read here.

Feb 12, 2003, 08:49 AM	#2
Gurm Hail to the King, Baby! Join Date: Jun 2002 Location: This World AND The Next Posts: 193 Rep Power: 0	About time! I've been maintaining for YEARS that EULA's on software are unlawful under United States Contract Law. The basic problem is this - anytime you BUY something, it's a contract. You have agreed to the "terms" of the contract, and they have agreed to take your money and provide you a product. The problem is that if you can't see all the "terms" before opening the product, and aren't allowed to decline the contract (i.e. return the item) after opening - then they are in breach of contract law. __________________ <Insert random "Army of Darkness" quote here...>

Feb 12, 2003, 05:09 PM	#4
Nexus -=Space Cowboy=- Join Date: Jul 2002 Location: NCV-474439-G Posts: 108 Rep Power: 0	meh its sad that their being targeted now they will either have to post a huge EULA in the stores or on the box taking away the pritty picture that we all like to dool over lol i think this is as dumb as the Mcdonalds made me fat lawsuits no body forced these ppl to buy the software and if you got to sell the software on ebay to get your money back (or at least a portion of it)

Feb 12, 2003, 11:39 AM	#3
dai DriverHeaven Lover Join Date: Jul 2002 Posts: 126 Rep Power: 0	like most people i never read the eula i just assumed that if you did"nt agree you could return the product,hope they win