full-disclosure - Re: Do you really think CDs will be protected in future?

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Message-ID: <2DC4BD6CB857734FA44DBCE87FC6D8922EBECD@lr-mail.littlerock>
From: akloster at spp.org (Alan Kloster)
Subject: Re: Do you really think CDs will be protected in future?

The whole question really comes down to this:

warranty of merchantability definition - a warranty of merchantability simply guarantees that goods sold are fit for the ordinary purpose for which the goods were sold. A warranty of merchantability exists whether the seller states it in words or not.  When someone is in the business of selling or leasing a specific kind of product, the law requires that the item must be adequate for the purpose for which it is purchased or leased. This is a general rule of fairness that what looks like a carton of milk in the supermarket dairy case really is drinkable milk and not sour or unusable. 

> Agreed, for the most part. As I work for a retailer, however, I know that
> what consumers think is irrelevant to the record folks. The retailer I work
> for has an agreement with it's suppliers such that once a customer opens a
> CD (or DVD, VHS tape, software package, etc) they cannot return it, unless
> the media is defective, in which case they get another copy of the same
> product only. So if your newly purchased CD is copy protected and won't play
> in your CD player, you're stuck with it anyway, unless you want to get
> another copy of the same useless disc.

So your agreement with your supplier doesn't mean dick.  If it doesn't work for the purpose you sold the CD for (playing in my device), you have to give them their money back.  Your supplier doesn't have to take it back, because you agreed to waive your rights.  I, as a retail customer, have not waived mine as there are no EULA's on any CD I've ever seen.  This is the law in most, if not all, states.  As long as the merchant selling the CD doesn't disclaim this warranty in certain language depending on the state, it is an unspoken agreement between buyer and seller.  This is what allows us to conduct business - the basic trust that you are selling me something that will work for the purpose for which it was intended.

Alan