Hacker News new | ask | show | jobs
by akoboldfrying 1018 days ago
Many would agree.

More generally, what restrictions should the law place on contracts, in your opinion? That is, can you describe a general rule that would rule out BMW's heated car seats from being a valid contact clause (but, presumably, not rule out every possible contract)?
1 comments
Doxin 1016 days ago
> Can you describe a general rule

You can't charge a subscription for something someone already physically owns.

That ought to stop this sort of nonsense while still allowing most all SaaS stuff to keep going. Heck you could still charge a service contract for the seat heaters. You just can't go "No we won't enable this thing that's already fully wired up and ready to go and fully owned by you"

Though honestly the "correct" way to fix this sort of nonsense is to rework or possibly repeal DMCA entirely. It's absurd a manufacturer can put a lock on my stuff and have it be illegal for me to remove the lock.

link
akoboldfrying 1010 days ago
Thanks for responding, and sorry for the slow reply.

>You can't charge a subscription for something someone already physically owns.

I suspect the contract is worded so that the buyer of "the car" actually does not own the seats, or perhaps the heaters in the seats. If that's the case, do you feel that such a contract clause should be illegal? If so, you're claiming that there are circumstances in which it should be illegal to "separate out" some things that are usually "bundled together" (here, car seat heaters and the rest of the car) -- what general rule would you propose to decide what things are unacceptable to separate out like this? (In case you're thinking of proposing "things that are physically connected can't be sold separately", you will run into problems: Lots of raw materials, e.g., steel, need to be cut up to be sold in the quantities customers need.)

But let's suppose the contract does not in fact leave ownership of any physical part of the car with the seller. If you buy a router from an ISP, are they not entitled to also charge you a monthly subscription to use it to access the internet?

link