I think I'm being sued...

[stoofa]

I stopped reading all of these "food" posts because I'm not too sure how you are trying to compare the two.
The whole food thing appears to have started a new argument.
Some people going on about rejecting food if it isn't up to standard etc.
However I feel that a few of these posts are extremely off the mark.

The OP, so he claims, simply downloaded a game to try before potentially buying.
Then all of these posts about "If you buy food in a restaurant and it isn't up to standard you would send it back...." etc.
Although this is true - I have done it myself when ordering steak, the item arrived and it was not rare as requested.
I didn't make a major fuss, I didn't start kicking or screaming or any other of the "Internet Bravado" style things.
I simply explained the situation and I had a replacement.
Anyway...I digress.
A better comparision to what the OP did would be:

I go into a restaurant and I see something on the menu that I've not tried before - I'll just use pheasant as an example.
So I order this item and then after only a couple of mouthfulls I don't actually like it.
Do you think that I've got any rights at all to send this item back?
No - I made my choice, the item has been cooked correctly and served in a timely way, however I simply don't like it.
I am not entitled to any refund at all.

This is unfortunately the point with games.
If I buy a game and I don't like it then it is really tough.
I've got no right to a refund because of simply not liking it or it being in my opinion not very good.

 

[Shadez]

The best analogy to the downloading game to try before buying i can think of is actually a piece of UK law.

The "distance selling act", you want to see what something is like you order it and it arrives if you dont like it you send it back and are refunded. In the end if you dont like the product you dont pay for it. Its a pity the same thing doesnt exist for software.

 

[JaffaJedi]

^^ It should be the same for software

That way if you dont like it send it back. A 7 day demo

 

[Raymond Lin]

The best analogy to the downloading game to try before buying i can think of is actually a piece of UK law.

The "distance selling act", you want to see what something is like you order it and it arrives if you dont like it you send it back and are refunded. In the end if you dont like the product you dont pay for it. Its a pity the same thing doesnt exist for software.

The long distance selling regulation does not apply like that, it is there for you to inspect the product for defect, not use it for 6 days and on the 7th day you decide you don't like it now and get your money back. It is expected that the item is return in its original packaging and as new condition. Think of it as when you are in a camrea shop and the assistant brings out the a camera from the back of the shop from the store room and put it on the counter for you to inspect and even open the box for you to have a play with there and then, not take it on holiday and then sent it back afterwards.

 

[fendi]

Watch what you say here folks...

Its on p2pnet.net which get thuusands of views per day and is prob watched by the RIAA, MPAA etc.

http://www.p2pnet.net/story/15161

Look at the comments..

So we have learnt today. If you are using t*****ts don't get new releases, wait a few months so they are nearly dead. Only grab from respected groups. That way those won't be tracked any more and they will be on to the newer releases. That and private t******s.

Most importantly, buy products, don't steal them

 

[Shadez]

The long distance selling regulation does not apply like that, it is there for you to inspect the product for defect, not use it for 6 days and on the 7th day you decide you don't like it now and get your money back. It is expected that the item is return in its original packaging and as new condition. Think of it as when you are in a camrea shop and the assistant brings out the a camera from the back of the shop from the store room and put it on the counter for you to inspect and even open the box for you to have a play with there and then, not take it on holiday and then sent it back afterwards.

The DSA is NOT to inspect the product for defects that was covered under existing warranty laws.

The DSA is so you can evaluate the product and return it with out penalty, the reason you reject the product is irrelevant.

If we take your example of a camera then one of the things you might do to evaluate the product is take a few pics and look at them on a computer if you dont like the result you can box it back up and send it back.

Is this not the same as playing a game for 5 min deciding you dont like it and then wanting your money back?

 

[Shadez]

delete

 

[[TW]Fox]

The DSA is so you can evaluate the product and return it with out penalty, the reason you reject the product is irrelevant.

Actually the purpose of the DSA is to afford the purchaser of a product online the same opportunities for appraisal they would receive were they buying the product in a shop.

 

[waveydave79]

This happened to someone I knew, after he had been downloading games/files from emule. He used Peerguardian 2.0. I have also seen more cases popping up on the register and inquirer about ths happening. My mates letter was a warning the first time... Slap on the wrist.

Since finding this out I have stopped using torrents, there is too much stuff that isnt what it says it is. The saftest bet is to use newsgroups. Make sure you get the encrypted tunnelled service. (This is normally a few pounds more). I havent heard of anyone getting stung this way yet.

 

[Dist]

If we take your example of a camera then one of the things you might do to evaluate the product is take a few pics and look at them on a computer if you dont like the result you can box it back up and send it back.

Is this not the same as playing a game for 5 min deciding you dont like it and then wanting your money back?

A camera can be reused though, this is not always possible with games due to CD keys and such. If i buy a game, use the CD key, play for 5 min, then decide i dont like it, i wouldnt be able to get my money back as that CD key has now been used.

 

[Mr^B]

CD keys can be re-used, of course they can. What happens if your HDD fails and you have to re-install your games, do you have to buy another copy to get a CD Key for each of them? No.

 

[2blue4u]

You threw the letter out!?!?!

Don't think for one moment that the problem will go away just because no one can 'prove' that you received the letter. Lyons Davidson, the solicitors, will simply think that you are ignoring their letter. So they'll send another. Then possibly a signed-for letter. And/or have a process server hand deliver a letter. Then, if all else fails, you will have court papers served on you.

Burying your head in the sand will only prolong the episode and increase the charges. And guess who will probably end up paying those?

If you receive another letter, seek professional advice - and not from a forum

 

[Slam62]

these letters are
well you know , like all phishing e-mails

 

[*Moangroan*]

You should not really ignore any solicitor letter phishing or not......they can win form a non service Judgement....meaning you basically did not reply and by default they win...

 

[Vonhelmet]

can they prove it was you who was operating the pc that downloaded it?

That may not matter, as it may be argued that it's your responsibility to ensure that no one with access to your PC uses it for illegal purposes. Bit of a tough call though.

can they prove that you or anyone else actually used the downloaded data?

That's definitely irrelevant. If you were downloading on Bittorrent, then you were sharing copyrighted content which is an offence.

 

[Dist]

CD keys can be re-used, of course they can. What happens if your HDD fails and you have to re-install your games, do you have to buy another copy to get a CD Key for each of them? No.

Not all CD keys are like that, some CD keys are just used as a check when installing, like you mentioned, in which case they can be reused.

MMORPGs, like WoW or DAoC, use a CD key to create an account, once an account has been created, that CD key becomes useless as it cant create any more accounts (its only use is to prove your the account owner in the case of an ownership dispute).

In most multiplayer games, only 1 copy of a CD key can be online at a time, so if i install a game, diablo 2 for instance, and use its CD key to play on battle.net, then send the game back saying i dont like it and want a refund, there is nothing stoping me continuing to use the CD Key and the files already installed to play online. This would stop anyone from buying the game with the cd key i used from playing online, as it would give a cd-key already in use error.

 

[Yrkoon]

just sue them for trying to sue you.

arg i forgot were not in America

 

[Willis]

I got sued by the lovely Microsoft last year and every letter they send is by royal mail special delivery. The amount of papers they sent was crazy, telling me I had broken software laws etc

 

[Tefal]

I got sued by the lovely Microsoft last year and every letter they send is by royal mail special delivery. The amount of papers they sent was crazy, telling me I had broken software laws etc

had you?

did you lose?

settle out of court?


What the hell did you nick, or more likely sell, to get MS's attention?

 

[andyp]

Then possibly a signed-for letter. And/or have a process server hand deliver a letter.

Always check the senders address/return address for a signed-for letter if it turns up out of the blue. If you can't be sure who it's from, don't sign for it and ask the postman to take it away from your property.

And in my case, a process server wouldn't even get down the drive.