[OT] Warranty laws WAS: iTunes & Linux (Debian)
David Pastern wrote:
> I was not prepared to pay Apple's 'sign this warranty agreement and
> agree to our unfair terms and services or don't get your iPod fixed'.
> I chose the latter.
>
[...]
>
> Most people do not read the fine print; they just click and accept
> whatever license flashes up on the screen etc. I like to read what
> I'm agreeing to.
We all know these license agreements, warranty agreements etc. that you
have to accept in order to get stuff repaired, software updated etc.
etc. (and one of the big advantages of Debian is that they are absent!)
I'm not a lawyer, but as I understand it, in Germany the legal situation
is that all these agreements are void, unless the company can prove that
you approved them _before_ you bought the item. For example anything of
the fine print about M$'s license agreements that is not clearly printed
on the outside of the box or explicitly agreed by you before buying your
laptop etc. is simply void. (Basic stuff like copyright is granted even
if not explicitly agreed, but *not* the fine print!)
This has the advantage that I don't have to care about it much. If they
change their license conditions and I have to agree to them for a
software/security update, these conditions are post sale and void as well.
In practice one problem is, that most people don't know about this. The
companies of course use this ignorance to their advantage.
So, in Germany the part of the fine print about warranty that was not
obvious when you bought the item does not apply.
But the story goes on. As far as warranty is concerned the legal
situation in Germany is the following: Each shop (commercial seller) is
by law forced to give a minimum warranty of two years from purchase. If
something breaks within that time (apart from wear like brake linings or
obvious stuff like food's eat-by date), one can just bring/send the
stuff back to the shop and the shop has to deal with it. Apart from the
convenience for the customer, this law has the advantage, that the shop
keepers are supposed to deal with the big companies. They have more
experience with it and hopefully do a better job than each customer who
typically deals with that company for the first time.
Furthermore the shops will bear the cost, if a producer is unfair with
warranty. So an unfair company doesn't just risk loosing one customer,
but risks loosing a whole shop (or a chain of shops) if they don't take
warranty seriously.
There are three ways to improve the situation:
- Lobby your government to improve the legal situation for customers.
- Claim your rights at the companies (legal and moral rights). Their
maxim is to maximize profit; make it clear that they will lose customers
if they don't treat them right. Make it clear that customers can't be
fooled.
- avoid companies that are known to be unfair.
Bottom line: if companies are left to get away and make a profit by
fooling people, they will.
Just my 2 Eurocents.
> I was going to file an official complaint with the ACCC over this,
> but in the end I said **** it. It wasn't worth my time, anger or
> brain power to do so, especially when the system is designed to
> protect these bastards and screw the consumers. Our government
> system, as well as that of most 'modern' developed countries are
> despicable, pandering to corporate business at the expense of
> everything else. I prefer not to try and worry too much about these
> things now, because in the end, 95% of our population are just dumb
> zombies without a single original thought. This is, of course, what
> governments want - mindless zombies are much easier to control than
> people like me.
If you allow companies and governments to treat you like a fool, they
will. Step up. Even if you don't consider giving your money to a lawyer
to fight the even better paid lawyers of big business, someone would
have to deal with your complaining fax. For sure, they won't change
their conditions unless enough customers complain.
Johannes
NB: I am considering buying an iPod, because it seems to be the only
player that can be integrated into my 12 year old but fine car stereo.
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