> software is as an integral as a component to an electronic device as spark plugs are to a gasoline engine I've never had a spark plug removed from an engine due to quarterly updates.
Chevrolet replaced some folding keyfobs with old style fixed keys as a part of their ignition switch recalls. Tesla has pushed software updates to remove features.
And as part of updates / recalls to cars they've also removed functionality such as locking steering columns because they caused so many problems.
I'm sure it's the cyoa language like most Eula have. The bad publicity from actually enforcing stuff like this or attempting to enforce it is something most companies don't want to deal with but they stick this nonsense in anyway just in case. Most of this looks fairly boilerplate ever looked through like a Windows license agreement or something. Even the agreement for purchasing this product probably has very simila…
> software is as an integral as a component to an electronic device as spark plugs are to a gasoline engine I've never had a spark plug removed from an engine due to quarterly updates.
The relationship here is if a car manufacturer decided to stop selling spark plugs for their car and under the threat of a license agreement prevented anyone else from making a compatible spark plug the government would step in and stomp all over them. Yet there is no similar protections when you buy a device that requires software to run that the manufacturer has abandoned.
>I bought a hammer the other day and could start using it without signing away any of my rights. The "smart hammers" are coming. And how about Peloton style group hammering.
Haven't you ever wondered how many hits you've done? Your accuracy to the center of the face? Could your swing be improved? What's your hits per minute average? How do your stats compare to other contractors, or workers for the same construction company? I bet company owners would be interested to know ;) Coming soon, just sign the EULA and run a firmware update!
A hammer showing you how much force you applied per strike would actually be semi useful.
>I bought a hammer the other day and could start using it without signing away any of my rights. The "smart hammers" are coming. And how about Peloton style group hammering.
Haven't you ever wondered how many hits you've done? Your accuracy to the center of the face? Could your swing be improved? What's your hits per minute average? How do your stats compare to other contractors, or workers for the same construction company? I bet company owners would be interested to know ;) Coming soon, just sign the EULA and run a firmware update!
It would be against GDPR because you cannot sign away your privacy rights to get a service to work if that service does not need your private data to function - the camera does not need your data to function therefore contract not legal in Europe
Unless the telemetry they are talking about is anonymized.
I have been under the impression that EULAs have not really been tested in court and that there is probably some reticence to actually attempt enforcement in case the result would invalidate the practice of EULAs altogether. Normally, when you agree to a license, it is available for review and is agreed to before the purchase has been completed. Software EULAs -- presented after purchase -- seem more like a mugging.…
Yes, this! The sales person made absolutely no mention of any licensing terms or agreements that I would need to sign off on before my camera became usable as a camera.
I think you're entitled to return it for a full refund. The same would be true if you took some video and didn't like how the camera worked, or just got cold feet on your $30k purchase. I get the feeling that you want more than that (like a custom license agreement, or some punishment for the sales person for not mentioning the EULA), and I don't think you're going to get that. Return it for a refund, RED has to sell…
> or just got cold feet on your $30k purchase.
You are typically not entitled to a refund in this situation. Many companies will allow it under a goodwill return policy, but they are not legally obligated in most situations.
I have been under the impression that EULAs have not really been tested in court and that there is probably some reticence to actually attempt enforcement in case the result would invalidate the practice of EULAs altogether. Normally, when you agree to a license, it is available for review and is agreed to before the purchase has been completed. Software EULAs -- presented after purchase -- seem more like a mugging.…
> EULAs have not really been tested in court In Europe they do not need to be tested in court. They are not part of the contract of sale because you cannot see them before you complete the purchase. They are unenforceable.
On consumer relations that is very clear. Any rule that isn't on the marketing material does not exist.
But on business relations, things are way more complex. I wouldn't be surprised if some rules were perfectly enforceable.
>I bought a hammer the other day and could start using it without signing away any of my rights. The "smart hammers" are coming. And how about Peloton style group hammering.
Haven't you ever wondered how many hits you've done? Your accuracy to the center of the face? Could your swing be improved? What's your hits per minute average? How do your stats compare to other contractors, or workers for the same construction company? I bet company owners would be interested to know ;) Coming soon, just sign the EULA and run a firmware update!
It would be against GDPR because you cannot sign away your privacy rights to get a service to work if that service does not need your private data to function - the camera does not need your data to function therefore contract not legal in Europe
Unless the telemetry they are talking about is anonymized.
Which it absolutely isn't, since they're reserving themselves the right to use it for advertising purposes. If it was properly anonymised it would be completely useless for such purposes.