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Society & Culture
Virtual Legality Episode 453

Are ALL Digital Stores Engaged in Fraud? (Are You "Buying" It?)

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3m Apr 26, 2021
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It's Apple lawsuit time! (No, not that one.)

As content distribution continues to get more and more "digital", questions regarding just what restrictions storefronts can place in their terms and conditions become more and more important - especially when at least one of those restrictions, that whatever is being distributed is "licensed, not sold", runs directly counter to the "Buy" and "Purchase" buttons seen by most consumers.

But is the use of "Buy" and "Purchase" language actually deceptive? If so, what should be done about it? And though it is Apple in the crosshairs of this litigation, what effect would a negative result have on the rest of the content delivery industry?

It may be "Bye, Bye, Bye" for "Buy"...in Virtual Legality.

#Apple #Buy #Fraud


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Discussed in this episode:
"Apple sued for terminating account with $25,000 worth of apps and videos"
Ars Technica - April 23, 2021
https://arstechnica.com/tech-policy/2021/04/apple-faces-class-action-lawsuit-over-its-definition-of-the-word-buy/

"Apple Must Face Lawsuit for Telling Consumers They Can "Buy" Movies, TV Shows"
Hollywood Reporter - April 22, 2021

"MICROSOFT TERMS OF SALE"
Updated September 2019
https://www.microsoft.com/en-us/storedocs/terms-of-sale

"Usage rules for Digital Goods (“Rules”)"
https://support.microsoft.com/en-us/windows/usage-rules-for-digital-goods-rules-83812b1f-1ecd-9a46-d3a7-ad1eadce49d1

"STEAM® SUBSCRIBER AGREEMENT"
Updated August 28, 2020
https://store.steampowered.com/subscriber_agreement/

"Virtual Legality #53 - No, "Games as a Service" Isn't Fraud: A Response to Accursed Farms (Hoeg Law)"
YouTube Video - May 1, 2019 - Hoeg Law
https://youtu.be/yndkAmqjs0o

"Virtual Legality - "Games as a Service" and Fraud: A Conversation with Ross Scott (Accursed Farms)"
YouTube Video - May 3, 2019 - Hoeg Law
https://youtu.be/yt2ar78R28o

Andino vs Apple
Motion to Dismiss Order
https://assets.documentcloud.org/documents/20688607/andino.pdf

"Apple Media Services Terms and Conditions"
Updated September 16, 2020
https://www.apple.com/legal/internet-services/itunes/us/terms.html


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.


DESIGN WORK
Joe Ellis (Logo Design)
Chris Leroux (Motion Graphics)
For more information: contact Chris at @Chrisleroux on Twitter.

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