That's a highly creative interpretation of events. The software license agreement usually upfront covers what can or cannot not change. It is pretty rare in most countries to see successful legal action for changed features, but best of luck.
They will just fine them into oblivion; they are known to fine companies AUD10M to AUD50M for this sort of thing, and from 1st April this year they can now fine up to AUD100M.
Will this mean that Bambu will withdraw from the Australian market? Possibly maybe probably, but the ACCC takes a very hard stance against bait and switch.
Taking functionality away from a product after you bought it is a scum move. If the law lets them get away with it, the law should be changed.
When I buy a product, I look at reviews and make my purchasing decision on the features and functionality at the time of sale. If a software update later ruins that, I want the option to get my money back.
No, it’s not creative at all, it’s what happened — I have first hand experience to corroborate this.
Regardless, at least in the US, not only are software-based ToS becoming unenforceable, but there’s a large upswing towards “right to repair” legislation, which, I think, is what you’re arguing against here… and I really think you’re going to be on the wrong side of history with your current line of thinking (despite what Bambu Labs does).
The "agreement" is at best coerced, and under blackmail of hardware you bought and paid for.
At worst, its a fraudulent indefinite rental masquerading as a 'sale'.
And lets discuss 'updates that fuck over your hardware'. In dwcent countries, thats hacking, and a serious criminal charge. But lol, companies are somehow exempt.
Maybe legally, but morally “you have permanent physical access to this but don’t ’own’ it” and anti-circumvention are debatable.
There’s a small benefit of anti-circumvention where businesses sell hardware for cheaper with restrictions and a TOS that prevents bypassing them. But even that doesn’t apply here because Bambu changed the software after purchase.
This reminds me of RMS and GPLv3. Now I personally don't use GPLv3, but this here is literally a case-in-point, and it is not even only limited to the "cloud-only". Because this now includes a company threatening to sue a developer. If they sue one developer, they, by proxy, sue all of them in principle. So RMS was kind of right.
> If you want to use Bambu's software against their TOS
How does the TOS get involved here? I don't use their TOS. Why would or should they be able to enforce it? Note that it also depends on the jurisdiction. For instance, Microsoft's EULA never had any legal bearings in the EU.
"Bambu's software" is forked from an AGPL project and is therefore itself AGPL. I have a right to fork, modify, and use it how I wish subject to the terms of the AGPL. Bambu's TOS is irrelevant. Their TOS is superceded by the terms of the AGPL.
If you want to use Bambu's software against their TOS, OK you wouldn't be alone in that, but there's no moral high ground in it.