The way we consume content is evolving all the time, and British law is having to evolve to keep pace.
In this age of downloadable digital content, it's good to know that the legal system has our backs. Last Autumn, the Consumer Rights Act was changed to take into account the new way we're all consuming our games. Here we present a number of vital things you all need to know.
Unfortunately, we decided to run this information alongside a gallery of disgusting, snotty, children, which might not have been as good an idea as we originally thought. With hindsight it rather takes away from the importance of what we wanted to tell you. Sorry about that.
In this age of downloadable digital content, it's good to know that the legal system has our backs. Last Autumn, the Consumer Rights Act was changed to take into account the new way we're all consuming our games. Here we present a number of vital things you all need to know.
Unfortunately, we decided to run this information alongside a gallery of disgusting, snotty, children, which might not have been as good an idea as we originally thought. With hindsight it rather takes away from the importance of what we wanted to tell you. Sorry about that.
Since October 2015, the Consumer Rights Act specifies that anyone who buys faulty goods is entitled to a full refund for up to 30 days after the original purchase - a change to previous wording.
For the first time, there is increased protection for anybody buying digital goods. If digital content is considered faulty, consumers are now entitled to a full refund, or a replacement.
The changes to the Consumer Rights Act defines digital content as "data which are produced and supplied in digital form". In exactly the same way as physical goods, digital content must be of satisfactory quality, fit for a particular purpose, and sold as described by the seller.
However, the Act takes into account that many games now ship with bugs, or in a semi-finished condition. It states: "It is the norm to encounter some bugs in a complex game or piece of software on release so a reasonable person might not expect that type of digital content to be free from minor defects".
The Act continues: "Consequently the application of the quality aspect 'freedom from minor defects' to digital content will depend on reasonable expectations as to quality".
The Consumer Rights Act does not apply to things that you simply don't like: "As with goods, quality does not refer to subjective judgements as to the artistic value of the content itself (e.g. whether or not a book was interesting or well written)".
If a digital product is considered faulty, the Consumer Rights Act gives consumers the right to repair or replacement, and the retailer must do this "within a reasonable time". The definition of repair/replacement is broad enough to include updates and patches.
However, the Act states: "If the digital content was obtained with a specific purpose in mind, for example, when a consumer has paid an extra amount to have early access to an online multi-user game but the server crashed and so the consumer was not able to access the game early, a repair or replacement may not be possible so the consumer would be entitled to a price reduction of an appropriate amount".
If you do have a dispute over a product, it would be between yourself and the retailer, rather than the manufacturer. In the case of digital content, this would mean the PlayStation Store, Steam etc.
A further change to British law detailed in the Consumer Rights Act now allows for US-style class action lawsuits, allowing individuals to take legal action as a representative of a larger group.
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