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by srmarm 1423 days ago
They can put what they want in the TOS but they are selling to consumers in jurisdictions around the world and if it stops working so soon then they were clearly 'selling' something that wasn't fit for purpose. They could have sold it time limited or laid out their limitations if they wanted to protect themselves but they didn't.

I used the service and as a techie knew it wasn't really sustainable but the average consumer buying in good faith wasn't warned that their purchase might be so short lived. Might have been hidden in the TOS but that won't cut the mustard in many jurisdictions and will be an expensive battle.

I suspect they made a small amount of sales and it'll be cheaper and easier for them to credit than fight.

1 comments

I'm not so convinced. Maybe in the EU, but that would be it, certainly I think in the US you'd be fucked for sure. It might be cheaper in the short term to pay out vs the worst case scenario of fighting this, but they may never even get sued, the case may get thrown out if they do, it may be in their interest to protect that precedent on TOS and fight it in court, etc.

I'm not saying Google won't pay out, but I just think there's a lot of reasons why they might not.