, 2005-11-14
Last month I wrote about a dispute between the Federal Trade Commission and a spyware distributor where the FTC alleged that an End User License Agreement, which essentially told downloaders that they were downloading spyware, was a false and deceptive trade practice. Two events cause me to revisit this issue. First, the FTC has gone after another spyware distributor, and second, Sony Corporation has caused the surreptitious installation of a rootkit-type program to enforce its digital rights management on its music CDs, claiming authority to do so under an End User License Agreement.
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Sony's legal issues
2005-11-14
fatman (2 replies)
fatman (2 replies)
Sony's legal issues
2005-11-15
Anonymous (2 replies)
Anonymous (2 replies)
Sony's legal issues
2005-11-16
Steve (1 replies)
Steve (1 replies)
But what are the consumer's remedies?
2005-11-17
HavaCuppaJoe (2 replies)
HavaCuppaJoe (2 replies)
? A consumer is not bound by a standard term in a contract with a seller or supplier if that term is unfair.
? Standard terms are those devised by a business in advance and not individually negotiated with the consumer. They do not have to be in writing but typically are found in the ?small print? on the back of order forms etc.
? A standard term is unfair if it creates a significant imbalance in the parties? rights under the contract, to the detriment of the consumer, contrary to the requirement of good faith.
? The Regulations do not cover price-setting terms or terms defining the product (known as core terms).
? All terms (including core terms) must be in plain intelligible language otherwise they are open to challenge as unfair.
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