Pamela Chestek wrote: > There probably are also consumer protection laws in the US that could be > used with the same defective product theory you mention for Germany. These > are state laws and I'm not familiar with them enough to know if they would > apply in this situation. However, I suspect that the remedy is going to be > very limited, perhaps only getting refund of the amount paid for the > defective product and maybe some small penalty.
Folks have had some limited success using consumer fraud laws in Australia to compel compliance, but my understanding this was done as a pre-litigation theory during a non-litigation enforcement actions that were successful in achieving compliance. Thus, I am not aware that it's actually seen the inside of an Australian court room, but perhaps Australians one the list know more. IANAL, but as Pam says, consumer protection and consumer fraud laws are highly jurisdictionally dependent. I'd be glad to see folks around the world researching this possibility in their local jurisdictions. -- bkuhn _______________________________________________ The opinions expressed in this email are those of the sender and not necessarily those of the Open Source Initiative. Official statements by the Open Source Initiative will be sent from an opensource.org email address. License-discuss mailing list License-discuss@lists.opensource.org http://lists.opensource.org/mailman/listinfo/license-discuss_lists.opensource.org
