[CNCRaymond]

Software Return Policy
We will refund your money when returned unopened and accompanied by a sales receipt. Defective items in opened packaging may be exchanged for the identical title only.

Is it me or are stores with this policy calling people thief’s? I mean they must be assuming that if someone is returning an opened peace of software that they have somehow pirated it. Otherwise why have such a policy? Personally I would like to return an opened peace of software and have them refuse to give me my money back again so that I can sue the bastards for defamation. By refusing to refund my money they are in essence stating a policy that all people who wish to return software in its opened packaging have essentially stolen it. This ideology that the buyer is a thief and only thief’s wish to return opened software is a crock of horse fodder and one that should be challenged in court.

Now I can understand the seller’s point of view on this matter, but you NEVER accuse your clients of theft through assumption or slick policies.

Case in point. I bought Deus Ex 2 Invisible Wars, opened the package and tied to install the game. The game was a DVD and my computer does not have a DVD player so I could not install the game. I attempted to return the game, was given the store policy and told that they would exchange it. Being the dick that I am I demanded to speak to the store manager and did so. I read him the riot act and demanded my money back. Since I had paid with a credit card, I threatened, and eventually did challenged the charges. The store had no legal ground to stand on when they stated that all returned software is being returned because it was pirated. Neither my bank or my Visa Company bought this excuse and the funds were returned to my account. I even got to keep the game which I offered to return to the store but was never called back.

In retrospect, I should have filed a suite over the issue and gotten a ruling on this matter. This return policy implies that the people returning software are doing so because they have pirated it. By extension this is falsely accusing a person of theft and as we all know, becomes a slander liability issue. The stores must prove that you pirated the software before they can decline to accept a return. In my case the software could not be installed. In most cases that is the common reason for returns next to not having the specs needed to run the software.

On line retailers at least are protected by this because if someone pirates software and then attempts to return it through the mail it becomes a felony.

I support the idea for legislation that gives software buyers the legal standing to return software that is defective, unistallable, or does not meet quality standards. Within a year of purchase if the developer fails to address or solve the problems with the software. On line retailers would be protected but subject to the same rules.

Returning software because you simply changed your mind or because you did not like the game is BS and in those cases I stand with the retailers. However if the software is bug riddled, say like MOO3, or abandoned without being fixed like Tribes Vengeance just was, then yes people should be permitted to seek a full refund. However if the game is continually supported like Dominions II and SE IV, then no a refund would not apply.

A software buyers bill of rights would go a long way toward making companies like Microsoft and EA Games think twice before releasing unfinished, bug ridden, hack ware.

If I am wrong in my opinion, spank away.