Digital products
10 established claims - 5 refused by the grounding gate
Documented position2
What the body that runs or defines the thing says in its own documentation.
The Australian Consumer Law's definition of goods expressly includes computer software.
2 quotes from 1 source
goods includes:
(d) gas and electricity; and (e) computer software; and
Digital products have a documented position that an ACCC spokesperson told CHOICE that contracts allowing a business to unilaterally change the arrangements consumers have entered into may raise unfair contract term issues.
1 quote from 1 source
Contracts that allow a business “to unilaterally change the arrangements that consumers have entered into” may raise unfair contract term issues, especially if you have to pay more to keep what you already paid for, the ACCC spokesperson says.
Practical effect3
What is observed to happen in practice, as distinct from what is documented.
The ACCC states that when electronic products such as mobile phones, computers and car navigation systems are repaired, consumers can lose data they have stored.
1 quote from 1 source
When electronic products, such as mobile phones, computers and car navigation systems, are repaired, consumers can lose data they have stored.
- Repair notices | ACCC accc.gov.au
Telstra Box Office customers wanting to keep their collection would have to pay…
- $396 upfront to buy the Fetch box.
- a minimum of $16.50 per month to access movies they already paid for.
1 quote from 1 source
But the real kicker for those wanting to hold on to their Telstra Box Office collection is that you’ll now have to pay either $396 upfront to buy the Fetch box or a minimum of $16.50 per month to access the movies you already paid for.
Changed on1
A dated change. This is where advice quietly stops being true.
The Australian Consumer Law provides that the amendments made by Schedule 1 to the Treasury Laws Amendment (Gift Cards) Act 2018 apply to gift cards supplied on or after 1 November 2019.
1 quote from 1 source
The amendments made by Schedule 1 to the Treasury Laws Amendment (Gift Cards) Act 2018 apply to gift cards supplied on or after 1 November 2019.
Disputed between sources1
Sources that do not agree, presented without picking a winner.
The Australian Consumer Law includes computer software within its definition of goods, while Steam states that its content and services are licensed, not sold, and confer no title or ownership.
3 quotes from 2 sources
goods includes:
(d) gas and electricity; and (e) computer software; and
The popular US-based video game platform Steam makes a similar claim, saying its content and services “are licensed, not sold. Your license confers no title or ownership in the content and services”.
Repeated, with no primary source in reach3
Widely repeated in the field. Within the documents this sweep read, it traces only to other repetitions - which is a fact about our reading as well as about the idea, until each one has been searched for on its own.
BIG W's returns page lists e-gift cards among the items that are not eligible for change of mind returns.
2 quotes from 1 source
The following items are not eligible for change of mind returns:
e-gift cards
- Steam states that digital products (content and services) are licensed, not sold.
- Steam states that the licence for digital products (content and services) confers no title or ownership in those digital products.
1 quote from 1 source
The popular US-based video game platform Steam makes a similar claim, saying its content and services “are licensed, not sold. Your license confers no title or ownership in the content and services”.
Refused5
Claims the research produced that the grounding gate would not accept, with its reason. They are here because a site that only shows what passed gives you no way to judge whether the gate does anything.
Show what was refused
An ACCC spokesperson told CHOICE that where digital products are offered under a licensing arrangement, businesses should be transparent and upfront prior to purchase about any restrictions or conditions on the licence.
Refused: The quote says 'the spokesperson' but does not identify that spokesperson as being from the ACCC.
Unsupported: ACCC spokesperson
What it rested on
When goods or services are offered under a licensing arrangement, “businesses should be transparent and upfront prior to purchase about any restrictions or conditions on the licence, particularly those that impact consumers’ continued use of the relevant product or service,” the spokesperson says
Microsoft's terms and conditions state that Microsoft may stop distributing any digital good at any time.
Refused: The quote states Microsoft may stop distributing digital goods, but it does not identify that statement as coming from Microsoft's terms and conditions.
Unsupported: terms and conditions
What it rested on
“Microsoft may stop distributing any digital good, or add to or reduce the capabilities for any digital goods, at any time”
Microsoft's terms and conditions state that Microsoft may add to or reduce the capabilities for any digital goods at any time.
Refused: The quote states Microsoft may change capabilities but does not establish that this statement comes from Microsoft's terms and conditions.
Unsupported: Microsoft's terms and conditions state
What it rested on
“Microsoft may stop distributing any digital good, or add to or reduce the capabilities for any digital goods, at any time”
Telstra Box Office was announced by Telstra to be shut down on 30 June 2024.
Refused: The quote refers only to 'the service' without naming Telstra Box Office, so the specific product name is not established.
Unsupported: Telstra Box Office
What it rested on
Telstra announced earlier this year that the service would be shut down on 30 June 2024 and be replaced by Fetch, which Telstra has acquired.
Telstra Box Office was announced by Telstra to be replaced by Fetch.
Refused: The quote says Telstra announced that 'the service' would be replaced by Fetch but does not name that service as Telstra Box Office.
Unsupported: Telstra Box Office
What it rested on
Telstra announced earlier this year that the service would be shut down on 30 June 2024 and be replaced by Fetch, which Telstra has acquired.