EQnoble
Well-known member
You would think that but upon reading it myself just now-That's referring to digital content as in movies, not software as in programs (add-ons).
A game while entertaining is a piece of software, and if it is law there would be no distinction between entertaining software or let's say motor control software. I am guessing here but if it mentions games and says 'for instance' that is broad and could be any other piece of software.Clear and specific rights for digital content: For instance, a consumer who downloads a game which is then not working properly may currently receive as compensation only a discount on downloading other games in the future. With the proposed directive, consumers will be able to request such problems to be fixed and, if this is not feasible or not done properly, to obtain a price reduction or terminate the contract and be fully reimbursed.
If not I guess that they imply that games are more valued than industrial/commercial applications.
"Supplier's liability for defects: If the digital content is defective, the consumer can ask for a remedy. There will be no time limit to the supplier's liability for such defects, because -unlike goods- digital content is not subject to wear and tear."
http://europa.eu/rapid/press-release_MEMO-15-6265_en.htm
This is absolutely insane. Every fiber of my mental tells me "HAVE NO PART IN THIS" and it all boils down to accountability.
This may work for your country but extend that to many different nations and states each with their own law and common practice and you end up with a world of hurt.
Also if you look at software you can discover problems with this approach. I will create a scenario that could by all accounts happen and it is to show the difficulty in determining who holds the burden of responsibility in a digital world built upon layers and layers of software.
If I wrote a piece of software in Q3 2009 compiled to run on windows 7 and had a business model in which there were to be no version updates major or minor other than ones need specifically for security services and would only charge if I made an actual rewrite which constituted a different product and never did it but the original version chugged on and worked like a good little horse for time to come...until let's say in 2014 windows get a security patch that essentially changes it's API with reference to objects and changes the way I need to account for my handling of interfaces or whatever jargon and ends up breaking my work years later through no fault of my own as I was using their guidelines.
From my perspective I would have fulfilled my obligations completely and since the security flaw was in microsoft's product not mine (assuming you have the same contract with them as you inherently have with me by the above document you link to) they are essentially responsible for the problem since what I did was standard and didn't become wrong until microsoft made it wrong.
Would this legislation you mention also make Microsoft liable to reimburse software developers for fixing their product after Microsoft breaks it due to a major security flaw of theirs?
For that matter, if Microsoft EOL's the operating system in 7 years and makes a new OS are they required to supply you with new versions when they come out and are your favorite software titles respective firms also responsible for supplying you with updates for your updates?
On that note would Microsoft even be allowed to EOL a software title/OS without every single consumer being able to receive a full refund for the advertised retail price as soon as it is no longer supported?
I feel like a bad guy right now but it's as if I am a colander manufacturer the way I poke holes in that idea like it's my job. If I was actually worried about being held to those kinds of standards I would be inspired to write pages of scenarios that make that legislation worth less than the paper it's not written on.
A side note...
Well...America drove much manufacturing work overseas in the name of bottom dollar and locale advantage, I see things like this involving digital products starting a trickling back of modern businesses to the US. If that brings Xenforo to new home turf so that it can provide a better price point on a better and better software title that's completely fine with me.