Posted on August 11, 2007 in Class Acrion, DRM, EULA, Google, IP by Brian RoweComments Off

Google this week has decided to end there “download to own” video program and is taking videos away from consumers who have “purchased” them.

If these videos were goods this would be unthinkable. Further more this type of repossession with credit for something you do not want is simply ridiculous. This is also a violation of the first sale doctrine. Unfortunately the problem is hidden in the fine print of the End User license agreement (EULA). The EULA treats the programs purchased as instead leased with the right reserved by the lessor to revoke access at any time.

I hope to see this challenged on one of several grounds; fraudulent sale of goods, a UCC violation, or a violation of the first sale doctrine. I hope to see a class action lawsuit that sets consumer rights above abusive uses of DRM and EULA’s. (looks over at the EFF blog…)

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