[Flipside]

http://www.bbc.co.uk/news/blogs-magazine-monitor-24992518

Couple 'fined' $3500 dollars by KlearGear for posting a negative review of them on a Website after receiving bad service.

Apparently the terms and agreements included a stipulation about 'negative press' for the company. When the couple refused to pay up, KlearGear attacked their credit rating. This is besides the fact the review was posted by the wife of the customer and that the sale never even completed.

Right now, after reading this, I'm pretty much too stunned to state an opinion beyond 'Bwah?'

[Luis Dias]

I hope they sue their asses off.

[The E]

Yeah, the usage of EULAs to stifle consumer's right to free speech is ... troubling, and crazy.

For americans.

Good thing I neither am nor plan to be one.

[Flipside]

I hope they sue their asses off.

The problem is affording a lawyer in order to do so, especially when you have a bad credit rating...

[The E]

Not an issue in this case. This has been publicized well enough that there will be pro bono lawyers lining up for it.

[Flipside]

I certainly hope so, I cannot believe that this kind of thing could even pretend to be considered legal.

[Klaustrophobia]

i just read an article on cracked the other day that mentioned this practice, except it was more in relation to renting a house/apartment and stuff like that.

how long until we can just strike EULAs down entirely?  "read this gross abuse of your consumer rights.  if you don't agree to abide by it..... well too bad we've already got your money anyway.  can't return open software neener neener."

[Polpolion]

Popehat has good coverage of this. TL;DR the couple couldn't read this clause in the terms and conditions because it wasn't there when they purchased it; Kleargear's claims are criminally fraudulent. Also, surprise surprise, Kleargear is involved in many other shady business practices and will hopefully be getting a visit from the FTC soon.

how long until we can just strike EULAs down entirely?  "read this gross abuse of your consumer rights.  if you don't agree to abide by it..... well too bad we've already got your money anyway.  can't return open software neener neener."

But EULAs are important, it's what keeps terrorists from making CBN weapons with iTunes.

[MP-Ryan]

polpolion beat me to it - the Popehat coverage is excellent on this.

[S-99]

Shady business practices reminds me of what ebaumsworld does through the practice of submissions so they don't have to credit sources. Even going so far as to wash out watermarks in videos. A great feud is between ebaumsworld and the guy that runs ytmnd.

I never liked a license agreement that said, "terms and conditions are subject to change at any time". That's anti-consumerist and designed to **** people. With no heads up, you get ****ed. The new practice as a consumer is to monitor any service agreement you signed up for to see if it changed weekly or monthly; this is bull****.

[Aardwolf]

I like when they highlight the changes, or at least have a summary of them. Still...


On a related note... Why I gotta live in one of the only two states that passed UCITA?