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by returningfory2 1163 days ago
> there's no way these terms of use would (should?) fly in the EU

Do you have an actual concrete reason to believe that, or is this just "the EU is morally superior to everywhere else" vibes?

2 comments

Stuff like that is covered by the Sales of Goods Directive (2019/771)
does that mean it could fly if it's free? (for example, a lot of OSS license has similar disclaimer)

I don't know wd's case in particular, but just curious:

1. would it fly if the cloud service is also free (no additional subscription fee)?

2. or is it that even if the cloud service itself is "free", they only allow people with wd hardware products to use it, so it's considered part of those hardware products, so it's not really free and is still covered by that directive?

Simplified, the seller is responsible as long as the buyer can reasonably expect the feature to work based on public statements by the seller and their supply chain (including the manufacturer).
As I understand it you can legally create a "sale" without money changing hands.
How is it a sale if no money has changed hands? It's not even a barter. It's nothing.
What "goods" do you get from a cloud service? Buy some HW next time someone else's computer fails.
Recent (Jan ‘22) EU legislation now also applies to digits services and content

https://commission.europa.eu/business-economy-euro/doing-bus...

Europe tends to have good consumer protection and isn't completely captured by lobbyists unlike the US.