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Old 03-26-10, 02:24 PM   #5
Catfish
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Hello,

re Gimpy117:

well the word "pirate" is certainly a bit hard, certainly wanted and intended to sound that way (t'was Microsoft b.t.w. who invented this word - and i still wonder whether so much people would have XP and 7 on their PCs, had they not tried out pirated versions of Windows 3.11 earlier in thei life). But then isn't the impossibility of using the paid-for product with its promised properties at all, also a criminal offense, or even theft, if we are being consequent for both sides ?
Seems there are also pirates in the companies, don't you think so ?
As well in this brave new world doublespeak there are the consumers (read parasites, not creating anything but just consuming) and the noble producers (positively occupied, creating something, god-like).

As i read elsewhere:

The statement "This product is not eligible for refunds" in UBI's adverts or terms of sale for this particular product, is in fact a breach of UK and Germany's consumer rights and laws.

It is also in breach of The Sales of Goods Act 1979 where it is an implied term of warranty that a product must be of satisfactory quality, therefore allowing the consumer a period of satisfactory enjoyment of a product. A product is not of satisfactory quality, when the consumer is not able to to enjoy the product or is not satisfied with the quality of the product - in this case ingame quality and functionality, and externally the broken-down servers so not being able to use this software.

It slso seems that the UBIsoft server downtime, or better system overload was indeed UBI's responsability, and no DDOS attack, at least as it is published in Tom's Hardware guide article on that matter.
I already suspected UBI's servers that are causing the issue; UBI said it itself before changing their mind some days later, boy this was so obvious what was going on.

This alone, without all other bugs and being inferior to earlier versions of the product, means the product is not of satisfactory quality. Under warranty laws the seller must refund the consumer the full value of the product.

From the UBI forum:
" ... So i suggest to UBI to remove the statement that states the product is not eligible for refund forthwith and that you start refunding people in full too. Otherwise, consumers will and do have the right to make claims against you, in the UK's small claims courts, for breach of warranty, breach of the sales of goods act as well as breach of the consumer protection unfair trading regulations act 2008, for imposing a term of sale that is in breach of consumers satutory rights.
[...]
Restrictive statements such as 'This Product is not eligible for Refunds' or for example 'Sold as seen', are classed as a criminal offence, so UBI may face criminal prosecution aswell as civil court claims.

Where the product is not of satisfactory quality, the seller has no choice but to refund the buyer, regardless of weather its DVD, CD's Underwear, software or 'engraved' jewellery. "

Returning the product and getting the money back holds no perils at all.

And again, the simple "every downloaded pirated game is a lost customer" does not wash. But we had this ad nauseum, therefore even i am getting tired by posting the same again and again

Greetings,
Catfish
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