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Old 30th May 2009
  #89
Quote:
Originally Posted by soulata View Post
*actually, could I demand payment for the downtime?
Under German / EU warranty laws (assuming you are in warranty time), you might be entitled to a replacement product (the whole thing), possibly even damages for the downtime. But enforcing your rights through legal dispute might be hard, due to software maker's comfortable position of not actually having sold you a product. Which brings up another point to this discussion:


With all the discussion as to whether physical products and software licenses are the same, it has to be said that software companies have always had the grand luxury of not having the same warranties and liabilities as producers of physical products.

It should also be said that most software's EULAs are cheeky, to say the least, and a lot of what is written therein would not hold up for a minute in a legal dispute in most countries the product is sold in.

If software companies want users to regard a license just as valuable as a physical product, they need to do the same on their part. In my view, that would mean they'd have to actually carry liability for damages caused directly or indirectly by their product (the same way that a manufacturer of physical goods) and full commitment to warranty laws (In Germany, that would mean that a consumer can, for example, return the software if it's buggy, or have the developer company fix it, or instead, if they choose, demand a lower price).

My own experience tells me that software licenses and physical hardware products are not that comparable, from a practical use point of view, from a legal / rights point of view as well as from a financial / investment point of view. They are significantly different in a number of ways. I'm not saying better or worse, but definitely very different.