fairterms

PUT A STOP TO UNFAIR DIGITAL PRODUCT TERMS.
When you buy off-the-shelf products for yourself or your business, you expect the law to provide with you with some basic rights. If you read the small print in the “agreements’ that come with software and other digital products, you will discover that the rights that you assume apply to traditional goods and services may not apply when you purchase digital products.

The unexpected and often unfair digital product terms that many sellers embed in these agreements, as well as the product features used to enforce them, often take away your basic rights as a customer—whether you are a business or individual consumer. They could increase your computer security risks and jeopardize your privacy. They could also chill competition.

STOP BEFORE YOU CLICK is an educational campaign to promote more fair business practice in transactions for software and other types of digital products. This campaign seeks to involve businesses, information technology professionals, policy makers, as well as consumers, in transforming standards of everyday business practice.

STOP BEFORE YOU CLICK is a project of Americans for Fair Electronic Commerce Transactions (AFFECT), a national coalition of retail and manufacturing businesses, consumer organizations, financial institutions, technology professionals and librarians committed to the growth of fair and competitive U.S. markets in software and other digital products.

California case supports purchasers right to know the terms BEFORE they pay
In a recent California class action case, (Baker et. al. v. Microsoft et.al.), Microsoft Corp., Symantec Corp., COMPUSA Inc., Staples, Inc. Best Buy, Co., and Adobe were sued over consumers’ right to return opened software and obtain a refund when they reject the terms of the agreement. more

The Hague Convention on Choice of Court Agreements
AFFECT expresses concern over the Hague Convention's position on "non-negotiated international contracts"….(more)

New Basics: 12 Principles for Fair Commerce in Mass-Market Software and Other Digital Products - By Jean Braucher, University of Arizona - James E. Rogers College of Law .... (more)

Finding the Contract in Contracts for Law - By William J. Woodward Jr., Professor of Law, Temple University... (more)

US Influence With a Twist: Why Law Reformers Outside the US Should Pay Attention to the US Customer Coalition's Principles for Fair Commerce in Mass-Market Software and Other Digital Products (March 2007)
Arizona Legal Studies Discussion Paper No 07-14. By Jean Braucher, University of Arizona - James E. Rogers College of Law... (more)

Related Links:
Raising Awareness - highlights mandatory binding arbitration clauses.