Legal Question in Technology Law in California

I purchased a map database program from magellen a few years ago containing the navigational maps for the entire united states called blue-nav and at the time i purchased it it was a few hundred dollars now the company tells me they have taken down the support servers for their older products and no longer have the tools to generate the unlock code that I need to use my software. is this even legal to just dismiss ones self from supporting a product that a consumer bought in good faith


Asked on 2/21/12, 1:54 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It would be helpful to know how many years is "a few" in your situation. If it were two or three years, I'd think you would have a much stronger claim than if, for example, it were five to eight years back. There is a general expectation in the software industry that a purchaser will open, install, and begin using a newly-acquired product fairly soon. My personal belief is that Magellan should refund your purchase price, but this is based more upon goodwill and public relations concepts than any legal doctrine. If you had to fall back on hard-nosed legal principles, we would have to examine the contract and/or license between Magellan as vendor and you as buyer for anything that implies an expiration or termination date. A suit to require Magellan to honor its contract and make the software available is probably not something most lawyers would encourage or recommend. Perhaps they will offer you an upgrade to the current version with credit for your prior purchase.

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Answered on 2/29/12, 6:57 pm


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