| Negative feedback is the best way to fight back Leviathan makes the most pertinent point. They advertised themselves as an "unlimited" service, and when they realised that broadband users could create a situation where $9.99 would not provide sufficient profit for the higher average number of downloads, they simply needed to decide on a download cap or revise their pricing policy. Instead, they continued to advertise themselves as "unlimited", purposely taking the time to generate email messages and cancel accounts, while purposely making NO effort to redefine their inaccurate representation as "unlimited". This would definitely weaken any possible case based on their "written" intent. And any reliance on the "spirit" of their agreement would be laughable. However, I kinda doubt that there will be too many lawsuits. Individuals won't sue over $10, and a class-action lawyer would most likely be facing RIAA-backed opposition. I think the most effective (and easiest) action is to expose their misleading advertising by continuing to post negative feedback on Cnet, in music forums, in music chatrooms, etc. |
