PlayOn Desktop discontinued: Difference between revisions
m Archived some links |
Tag: Undo |
||
| (2 intermediate revisions by one other user not shown) | |||
| Line 64: | Line 64: | ||
The leading counter-example involves hardware rather than software. In ''Alvarez v. Sirius XM Radio Inc.'', No. 2:18-cv-08605-JVS-SS (C.D. Cal.), Sirius XM agreed to a settlement valued at approximately $96 million on claims that "Lifetime Subscription" plans had been tied to specific radio devices, with the carrier interpreting "lifetime" as the working life of the hardware. Final approval was granted on February 9, 2021.<ref name="alvarez">{{Cite web |title=SiriusXM Lifetime Subscription Class Action Settlement |url=https://topclassactions.com/lawsuit-settlements/closed-settlements/siriusxm-lifetime-subscription-class-action-settlement/ |website=Top Class Actions |access-date=2026-05-08}}</ref> | The leading counter-example involves hardware rather than software. In ''Alvarez v. Sirius XM Radio Inc.'', No. 2:18-cv-08605-JVS-SS (C.D. Cal.), Sirius XM agreed to a settlement valued at approximately $96 million on claims that "Lifetime Subscription" plans had been tied to specific radio devices, with the carrier interpreting "lifetime" as the working life of the hardware. Final approval was granted on February 9, 2021.<ref name="alvarez">{{Cite web |title=SiriusXM Lifetime Subscription Class Action Settlement |url=https://topclassactions.com/lawsuit-settlements/closed-settlements/siriusxm-lifetime-subscription-class-action-settlement/ |website=Top Class Actions |access-date=2026-05-08}}</ref> | ||
California has since enacted statutory disclosure rules for digital-goods purchases. Assembly Bill 2426, codified at California Business and Professions Code section 17500.6, prohibits the use of words such as "buy" or "purchase" in connection with digital goods unless the consumer either receives a permanent download or provides "affirmative acknowledgment" that what is being sold is a license rather than ownership.<ref name="ab2426">{{Cite web |title=AB-2426 Consumer protection: false advertising: digital goods. |url=https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2426 |website=California Legislative Information |access-date=2026-05-08}}</ref> The statute took effect on January 1, 2025.<ref name="sidley-ab2426">{{Cite web |date=2024 | California has since enacted statutory disclosure rules for digital-goods purchases. Assembly Bill 2426, codified at California Business and Professions Code section 17500.6, prohibits the use of words such as "buy" or "purchase" in connection with digital goods unless the consumer either receives a permanent download or provides "affirmative acknowledgment" that what is being sold is a license rather than ownership.<ref name="ab2426">{{Cite web |title=AB-2426 Consumer protection: false advertising: digital goods. |url=https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2426 |website=California Legislative Information |access-date=2026-05-08}}</ref> The statute took effect on January 1, 2025.<ref name="sidley-ab2426">{{Cite web |date=November 2024 |title=California's New Digital Goods Law AB 2426: What You Need to Know |url=https://www.sidley.com/en/insights/newsupdates/2024/11/californias-new-digital-goods-law-ab-2426-what-you-need-to-know |website=Sidley Austin LLP |access-date=2026-05-08}}</ref> The PlayOn Desktop transition predates AB 2426 by three years. | ||
The procedural posture of any future PlayOn Desktop dispute is shaped by an asymmetry between MediaMall's two governing agreements. The PlayOn Desktop EULA selects New York state and federal courts and contains no arbitration clause and no class action waiver.<ref name="eula" /> The PlayOn Cloud Terms of Service, by contrast, require final and binding arbitration before the American Arbitration Association under its Commercial Arbitration Rules, and prohibit class, consolidated, or representative actions. The Cloud ToS class-action waiver reads: | The procedural posture of any future PlayOn Desktop dispute is shaped by an asymmetry between MediaMall's two governing agreements. The PlayOn Desktop EULA selects New York state and federal courts and contains no arbitration clause and no class action waiver.<ref name="eula" /> The PlayOn Cloud Terms of Service, by contrast, require final and binding arbitration before the American Arbitration Association under its Commercial Arbitration Rules, and prohibit class, consolidated, or representative actions. The Cloud ToS class-action waiver reads: | ||