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Software consumer rights in Ireland/EU

  • 05-06-2010 6:05pm
    #1
    irelandeb
    Closed Accounts Posts: 1 ✭


    Supposing a developer of some software released an "update" that broke some features of the software (although fixed some bugs and added a new feature). Would they be compelled to fix the stuff they broke?


Comments

  • #2
    Farcear
    Registered Users, Registered Users 2 Posts: 618 ✭✭✭Farcear


    Invariably there would be some sort of limitation of liability clause. The more core/important the feature that was broken, the better chance that it would not be covered by the clause.

    Assuming, that the breaking of features was somehow not excluded by the limitation clause, you can then look at the remedies open to you. Compelling people to do something is called "specific performance" and is not an order courts usually grant in service contracts. Most likely, you'd get damages.

    Although, if all you had to do was uninstall the update or reinstall the original program and it had no adverse consequences to your other files, I don't see how the user would be awarded anything more than nominal damages.

    My 2c.


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