Graham Ross wrote:
> Date: Sun, 05 Apr 1998 13:18:29 +0100
SNIP
> I've already responded but thanks for your point. This is similar to the
> "shrink wrap" point. My view is that such conditions have no effect
> unless brought to the attention of the purchaser BEFORE he buys. So if
> buy mail order eg, no effect. Howveer, may be different if buys off the
> shelf and this wording is indeed on the box as capable fo being read
> without removing the wrapping.
>
> The wider question is whether, if there is no consent, is the Act
> contravened. It was not its purpose,and intent would have to be
> established, but if the software is written specifically to destroy
> data/programmes without notifying the user then there may be a technical
> breach. I would have to look at all the Act's wording and to see the
> whole packaging.
>
The original question arose around the behaviour of a product (I
forget which!!) which, when 'de-installed' had the effect of taking
away with it several useful software items which were shared by other
utilities; the net effect was that the other utilities then ceased
to work.
De-installing is, or at least ought to be, a well understood process,
and it is feasible for a product which is being de-intsalled to
determine whether other utilities use any of the shared modules. My
view is that failure to do this could be seen as being negligent,
although certainly not malicious or 'with intent' (Of course it
makes bugger all difference to the end user whether a module is
removed delibertaely or inadvertently; his system will still not
work).
I had not realised Graham's point about the requirement to draw
attention to the behaviour of a product BEFORE it is purchased.
> I have come late to this thread so it is not clear to me what is the
> precise product we are talking about and what does it do. Can someone,
> (Risk/Ride?), clarify.
Mike Wells
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* M. Wells *
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