- 11-27-2013, 05:47 PM #1
Microsoft needs to put in safeguards so that nobody can completely pull an app from the store and deprive people who already bought it (or downloaded it for free apps) from using it.
Nothing short of a court order should be sufficient to steal apps from people who bought them. And in case of a court order people who paid for them should be fully refunded when the app is pulled without having to ask for a refund.
- 11-27-2013, 08:41 PM #2
You mean when it's no longer published.
You're getting into a legal landmine, you can buy a book and have it for a week or years and if you loose
it and it's no longer published do you expect them to publish it if you can't find another copy ? No, that would be absurd.
I did find out that backed up apps that were no longer published when I reset my phone reinstalled, that's why I always backup
an app when I install a new one. I may not get them back if I accidently delete it, but if I reset my phone I will.
- 11-27-2013, 08:47 PM #3
I'm pretty certain that the T&Cs to which you agree when you purchase an app (and I'm also referring to those you purchase for $0.00) state that the app can be pulled from the Store at any time. It's kind-of hard to provide legal protection to prevent something to which you explicitly agreed.
I wouldn't be surprised if the legalese actually said that your license for the software (since I'm pretty sure with Microsoft you never actually own any software, you're only purchasing a license to use it) expires should an app get pulled from the Store. I think I'm going to have to research that.
- 11-27-2013, 09:17 PM #5
- 11-27-2013, 09:56 PM #6
- 11-27-2013, 10:10 PM #7
settings and I backup my phone after I install new apps so at some point before or after it was last published I saved it along with all my other apps
to the cloud/ SkyDrive. So it's not from the store I guess but it is saved.
When I finished resetting the phone, it populated my list of apps along with several other apps ( 1 more that I know of) that are no longer published. Apps like
Nokia Camera & Nokia Reading which are either not available in my region ( Nokia Reading) or "This app is not available for your phone" like Nokia Camera (I have an 810) stayed at pending so I had to use a Wi-Fi proxy to reinstall those but apps that are no longer published like nokiaupdates that I had saved way back, reinstalled.
I contacted the publisher of nokiaupdates and he said it had been pulled from the store as a free app awhile ago
but resubmitted as a paid app perhaps that's why it reinstalled, because it was not a paid app and when I first
installed it on August 11 it was only a free app at the time
Last edited by PB_H; 11-27-2013 at 11:05 PM.
- 11-27-2013, 10:11 PM #9
This doesn't allow you to reinstall an app after it has been pulled from the store. This is what you're missing in that equation.
- 11-27-2013, 10:37 PM #11
Last edited by PB_H; 11-27-2013 at 10:55 PM.
11-27-2013, 11:01 PM #13
- 746 Posts
Apps pulled from the store cannot be reinstalled. Period. Apps can be hidden from the store, and hidden apps can be reinstalled.
I have the 820, I have xaps saved to the SD card. You can't install a xap without internet- it won't let you. When you connect to the internet, WP checks your xap against the store. If it has been pulled, it will not install.
Which is complete BS, btw. I understand not hosting pulled apps in the store, but I backed it up myself and am prevented from using even my own personal backup. Dumb.
- 11-27-2013, 11:04 PM #14
When you buy a piece of software or an app you are buying it not renting it; in legal terms with Microsoft software you are buying a perpetual license to use the software.
- 11-27-2013, 11:10 PM #15
- 11-27-2013, 11:15 PM #16
- 11-27-2013, 11:20 PM #17
- 11-27-2013, 11:45 PM #18
If that's not OK with you, your only option is to not purchase and/or download apps.
EDIT: Note I'm making no judgment as to whether that's good or bad or whatever. It is what it is.
- 11-28-2013, 12:06 AM #19
- 11-28-2013, 12:30 AM #20
- 11-28-2013, 01:51 AM #21
Reading the terms in full [http://www.windowsphone.com/en-us/st...ms-of-service] they are actually rather vague on pulling applications from the marketplace, consumer license duration and type, recourse when an application is terminated, difference between a paid and free applications, etc...; all that the terms state is that: "If Microsoft disables the ability to use the applications on your devices pursuant to your agreement with Microsoft, any associated license rights will terminate."
But the key part when reading any overall vague statements like that is: "Unless applicable law gives you more rights despite this limitation" so in other words the laws you need to consider are the consumer protection laws and contract laws of your country.
And as I mentioned above "a license that can be revoked at any time for any reason whatsoever"; is extremely unlikely to stand up to legal scrutiny, as far as UK (and most likely EU, but would have to check the relevant Directives) consumer protection legislation goes. At the very least the consumer should be entitled to a refund in cases of paid applications being terminated, because the license terms do not expressly stipulate any limits to the license duration, except that it can be revoked by Microsoft at will, which most likely would fall under the designation of an unconscionable term.
On the other hand countries like the US where the consumer pretty much gets what is in the contract and where the consumer is not as protected, it might be a slightly different story, however I do not recall any consumer protection specific legislation from when I was studying NY state law few years ago.
[disclaimer: the above is not legal advice, just opinion and facts purely for informational purposes]
The bottom line is pulling applications from the marketplace without having a system in place for past users to re-install them is just a bad business practice and it does nothing to build consumer trust in the WP marketplace. Nobody wants a store where bought software disappears without warning, causing problems for people who depended and enjoyed it.
If Microsoft wants to build consumer trust in its WP and Windows 8 stores, this is not the way to do it.
- 11-28-2013, 08:41 AM #22
As John20212 has pointed out, the terms about use license are very vague and it doesn't mention at all the variability of the user license time-duration caused by pulling off the app from the store. It covers only the case when Microsoft decides to disable an app (I don't know if it ever did that).
In other words, it doesn't say neither directly or indirectly that "The license can expire at any time as dictated by the app publisher".
Also, again as John20212 has pointed out, it say "Unless applicable law gives you more rights despite this limitation, you may use the application only as expressly permitted in this agreement." and I think that all the modern and civilized countries have laws to protect people for being fraud by buying an unspecified-time license that can be expire without forewarning 2 hours later.
But this is only my assumption, I don't feel like reading my country's laws.
- 11-28-2013, 09:28 AM #24
11-28-2013, 10:08 AM #25
- 574 Posts
Can i just add a few to the mix, ill name a few apps one a long time ago sky mobile then it was pulled as sky wanted the name changed then when it was put back on the marketplace it was now a free app but it cost me 79p so who cares. Next swapchat i paid for that it got pulled as whoever didn't want it on there, now should i then screw over the app developer for my money back because i cant download it again? No it wasn't their fault it got pulled and i want them to continue developing apps. Next example i paid for splinter cell on wp7 but cant use it on wp8 shall i ask for my money back as most wp7 apps still work no i changed my phone so i got over it. Do you really want to download a app that for instance gets pulled and 2 years later no longer works with the latest os update? Or would you ask for your money back then?
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