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Bad Software
is a book by Cem Kaner and David L. Pels about getting your money's worth
when you buy computer software. We wrote it to help you get a refund, support,
or compensation for significant losses caused by defective software. Bad
Software will help you explore your legal rights. We spend more pages
on negotiating with publishers than suing them, but if they won't play
fair, you don't have to put up with it. TO
ORDER THE BOOK, CLICK HERE.
THIS WEB SITE is a gathering point
for information about software consumer protection. For example:
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Chapter 1 of our book--You have rights when you
buy defective software. Currently, Article 2 of the Uniform Commercial
Code governs sales of packaged software. You have rights under Article
2. For example, if you buy a program, take it home, and discover obvious
defects in your first day of use, you can take the program back for a refund.
Some stores will tell you that the Copyright Act prevents this. That just
ain't so. For more information, and tips on what you can do, read Chapter
1 of our book.
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The Uniform Computer Information Transactions
Act is a new law this is intended to govern all contracts involving
computer software and information that you obtain electronically (website,
CD, etc.). It also stretches easily to cover computers, printers and other
computer peripherals, and software that is embedded in goods (such as fuel
injection software in your car.) This proposed law grants new intellectual
property rights to software and information publishers (going well beyond
the powers they have under the United States Copyright and Patent laws)
and makes it almost impossible to hold vendors of defective products accountable
for defects and misrepresentations. (Note: Much of the material at this
site is archival, presenting documents up to July, 1999. UCITA passed NCCUSL
in July, 1999 and went to the state legislatures. The
4CITE Coalition is coordinating the opposition to NCCUSL in the state
legislatures.)
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Our new papers:
The articles at this web site are not legal advice. They do not establish
a lawyer/client relationship between me and you. I took care to ensure
that they were well researched at the time that I wrote them, but the law
changes quickly. By the time you read this material, it may be out of date.
Also, the laws of the different States are not the same. These discussions
might not apply to your circumstances. Please do not take legal action
on the basis of what you read here without consulting your own attorney.
Please direct questions or problems regarding this web site to Cem
Kaner, Professor, Department of Computer Sciences, Florida Institute
of Technology, 150 West University Blvd., Melbourne, FL 32901-6975.
Last modified: September 16, 2000. Copyright © 1997-2000, Cem
Kaner. All rights reserved.