Consumer Protection for 'Intangible' Digital Purchases

sharleyclan

Has anyone had problems with 'intangible' goods? For clarity, I mean the millions of transactions that involve the purchase of an mp3, a film, a piece of software? Are you aware that the Sale of Goods Act does not protect against these types of intangible item?

My son has just spent £20 of his Christmas money on a PC game using a well know gaming platform. The game is badly finished, crashes and will not load save games. It is, in effect, broken and useless. The well known gaming platform have been less than helpful. They were slow to respond, have refused a refund and threatened to limit access to the account when I raised a Paypal dispute. Paypal have ruled in their favour because the item does not qualify for buyer protection as it is 'intangible'.

WHAT A CROCK!!

I would appreciate any comments especially if anyone knows if the law is being changed in order to accommodate this growing market.

Steve
:mad:

Geodark

sharleyclan wrote: »

Has anyone had problems with 'intangible' goods? For clarity, I mean the millions of transactions that involve the purchase of an mp3, a film, a piece of software? Are you aware that the Sale of Goods Act does not protect against these types of intangible item?

My son has just spent £20 of his Christmas money on a PC game using a well know gaming platform. The game is badly finished, crashes and will not load save games. It is, in effect, broken and useless. The well known gaming platform have been less than helpful. They were slow to respond, have refused a refund and threatened to limit access to the account when I raised a Paypal dispute. Paypal have ruled in their favour because the item does not qualify for buyer protection as it is 'intangible'.

WHAT A CROCK!!

I would appreciate any comments especially if anyone knows if the law is being changed in order to accommodate this growing market.

Steve
:mad:

As far as I know, and I could be wrong here, but even if this was bought on disk he still wouldn't be able to do anything. I think SOGA only covers the physical media itself and not the actual software on the media. Basically I don't think you can take a game back for being rubbish, only if the disk itself is damaged. Don't get me wrong, I am not saying that is ok, just how I understand it works.

No doubt there will be someone with a better understanding on soon to correct me - and hopefully it's my grasp that is wrong

sharleyclan

Thanks Geodark,
You may or may not be right. However, I intend to raise awareness with this thread and attempt to force the law to change. It is ridiculous that consumers have no protection when it comes to software. Software varies in price, of course, and you get what you pay for in terms of quality. However, a game really should meet a basic requirement to work and work properly before it hits the market. If it is unfinished, then consumers should be protected. I mean, you wouldn't buy a car with three wheels, a shirt with one sleeve, or a can of beans that was empty without having protection.

WHY IS THIS ANY DIFFERENT?! GRRRRRR!

I bought from what I thought was a reputable supplier and used them many times before. However, they are not and have let me down badly!

Geodark

sharleyclan wrote: »

Thanks Geodark,
You may or may not be right. However, I intend to raise awareness with this thread and attempt to force the law to change. It is ridiculous that consumers have no protection when it comes to software. Software varies in price, of course, and you get what you pay for in terms of quality. However, a game really should meet a basic requirement to work and work properly before it hits the market. If it is unfinished, then consumers should be protected. I mean, you wouldn't buy a car with three wheels, a shirt with one sleeve, or a can of beans that was empty without having protection.

WHY IS THIS ANY DIFFERENT?! GRRRRRR!

I bought from what I thought was a reputable supplier and used them many times before. However, they are not and have let me down badly!

I absolutely totally agree. As I said though, it may be me who has misunderstood how it works.

Playing devils advocate though, where would you draw the line? What level of bug would make the software unacceptable? All software has bugs, but some are worse than others. How would you define the point at which the software could be rejected?

shaun_from_Africa

Geodark wrote: »

I absolutely totally agree. As I said though, it may be me who has misunderstood how it works.

I don't think that you have misunderstood the law as it currently stands.
The problem is that the law that is generally relied on for consumer protection is the Sale of goods act, and this act defines goods as "all personal chattels other than things in action and money".
Until this definition is changed or an additional section added for intangible goods that are only being used under licence, it can't be used for software disputes.

I know that there have been plenty of government discussions regarding this problem and new or amended law will be brought in eventually, but as with most new laws, it will probably take a very long time before it happens.

browneyedbazzi

Currently there is little you can do about digital goods that are not right or you have a problem with. The new Consumer Rights Bill includes protection for consumers with regard to digital content but it is likely to be another year or so (at least) until it comes in.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/206373/bis-13-916-draft-consumer-rights-bill-governemnt-response-to-consultations-on-consumer-rights.pdf

bris

Gaming platforms like steam are a kids life blood these days so you better be careful what you wish for. One succesful charge back and the account is blocked for good, sure you get your £20 back but it is a small victory when he is playing solo and his friends are all in Steam, it is that big, to a kid it is the biggest thing.

Steam, Xbox live and Sony ban accounts for chargebacks, so you lose out in the end, your kids wont thank you for that.

j0nathon2

bris wrote: »

sure you get your £20 back but it is a small victory when he is playing solo and his friends are all in Steam, it is that big, to a kid it is the biggest thing.

Worth pointing out if these platforms ban you, you can/will literally lose access to the games altogether, not just multi player access as they require you to sign in to launch and play the games and the DRM is checked every play. That £20 could lose you £200 in all the other "licences" you've bought.

I personally think this is wrong, but what I think is irrelevant.

Geodark wrote:

All software has bugs

You've never run my software:p