this post was submitted on 03 Mar 2024
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IANAL either, but I'm pretty sure you are correct. I put it in another comment somewhere, but I'm more upset about not being given a choice to refuse the change rather than the actual change itself. I don't mind signing the waiver at amusement parks, or to buy a car with no warranty. I just want to know what I'm agreeing to, and I don't like folks pulling the rug out from under me or changing the deal.
The situation feels like if I were to drop out of college, I would be given electroshocks until I'd forgotten anything learned in class.
The legal term is "consideration". To form a contract you must have three elements: Offer, consideration, and acceptance.
Unfortunately, I'm not sure it would help here. They would argue their consideration is whatever online services are tied to the product, but even without that, the contract isn't being formed at this point (unless someone is going through first setup, at which point they can still return it). The contract was already formed and this is an amendment to those terms that the original wording likely has weasel words to permit.
That's not to say the consumer has no recourse, consumer rights are probably the best bet. If the previous terms don't expressly grant them the right to take away access to all features in circumstances like this, it may be possible to find them in breach, but unfortunately EULAs are usually pretty toothless when it comes to penalising the vendor.
"How can one party reserve the right to unilaterally change the terms?"
When it comes to business to consumer contracts, often they can't, due to "unfair terms" clauses in a lot of consumer protection laws.
In this specific case, the fact you can opt-out retrospectively (and inconveniently of course) is certainly due to those laws.
But like you say, it needs to be tested.
IANAL either, but my understanding ends at the first letter in IANAL and all it means to me is that you do anal
Yeah, I totally agree with you, don't get me wrong. I think it's bullshit to switch terms. And also bullshit to write terms that just say "if we fuck you over, you can't do anything about it".
I just wanted to point out that the legality of it probably wouldn't hold any actual water so don't be totally paranoid about it and take it with a grain of salt. For anyone who's a little more torn.
But yeah, Idk that I'd keep the device at that point either.
Oh, I am definitely getting more paranoid as I get older, but that's a different issue altogether. :D