Reasonably to be identified as the implied terms contained in sections 12 to 15 of Protection' apply to sales of digital products. In 2009 the then UK government, in its White Paper, “A Better Deal forĬonsumers” committed itself to a high level of consumer protection in relation toĭigital products, undertaking to ensure that 'the core principles of consumer The UK goverment is currently looking into ways of protecting consumer rights with digital products.ĬONSUMER RIGHTS IN DIGITAL PRODUCTS - Professor Robert Bradgate Institute for Commercial Law Studies, University of Sheffield. Therefore companies can expect to have the small print tested in court if it is deemed unreasonable. Its also an ethical issue as only 1 in 14 buyers actually read the small print: In fact, she believes that because boilerplate terms aren't bargained over or consented to in any normal fashion, they aren't even contracts.”įrom book: Boilerplate The Fine Print, Vanishing Rights, and the Rule of Law Margaret Jane Radin

Radin, however, contends that this does not happen often enough. “The 'good news' is that a court may invalidate boilerplate if it finds a party lacked meaningful choice and the terms unreasonably favor the other, or if it violates an important public policy.

That's why its a sticky wicket and not many companies would risk going to court. A company can write whatever it wants in the small print, but it cannot remove basic consumer rights without risking prosecution. Doesn't matter what you say, in most cases, selling softwareīeing able to resell your own digital software is still a grey area, whether you like it or not.

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