California Governor Gavin Newsom has signed a law (AB 2426) to combat “disappearing” purchases of digital games, movies, music, and ebooks. The legislation will force digital storefronts to tell customers they’re just getting a license to use the digital media, rather than suggesting they actually own it.
When the law comes into effect next year, it will ban digital storefronts from using terms like “buy” or “purchase,” unless they inform customers that they’re not getting unrestricted access to whatever they’re buying. Storefronts will have to tell customers they’re getting a license that can be revoked as well as provide a list of all the restrictions that come along with it. Companies that break the rule could be fined for false advertising.
↫ Emma Roth at The Verge
A step in the right direction, but a lot more is definitely needed. This law in particular seems to leave a lot of wiggle room for companies to keep using the “purchase” term while hiding the disclosure somewhere in the very, very small fine print. I would much rather a law like this just straight up ban the use of the term “purchase” and similar terms when all you’re getting is a license. Why allow them to keep lying about the nature of the transaction in exchange for some fine print somewhere?
The software industry in particular has been enjoying a free ride when it comes to consumer protection laws, and the kind of malpractice, lack of accountability, and laughable quality control would have any other industry shut down in weeks for severe negligence. We’re taking baby steps, but it seems we’re finally arriving at a point where basic consumer protection laws and rights are being applied to software, too.
Several decades too late, but at least it’s something.