Vadim
Thu Feb 03 08:52:47 CST 2005
DW> You've agreed to any number of shrink-wrap and click-through licenses
DW> by now all of which disclaim anything but the media will be readable.
Luckily, there's a practice that big print can't be disclaimed by the small
one. See
http://www.ftc.gov/bcp/conline/pubs/buspubs/bigprint.htm for
instance. For example: the big print says that I will be able to project the
account balance; the balance is projected incorrectly, and I pay NSF fee to
the bank. I may have a case here. The fact that Microsfot might say
somewhere in fine print that the projected balance might be inaccurate,
wouldn't matter, since they say otherwise in the more visible big print. I'm
pretty sure that any judge would get very angry if told that Money users
have paid for the product supposed to calculate the balance, but they
shouldn't expect that balance to be accurate, and should verify it by hand -
no way, regardless of any fine print. If defendant's attorney was so stupid
as to bring on such an argument, it certainly would be 100% against him.
However, in order for this to qualify as a class case, the plaintiff would
have to show that a big number of Money users actually had this specific NSF
loss - which would be extremely hard.
Vadim