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Comment by yycom | Hacker News Reader

And what about the implied warranty and fitness for purpose?

-- Everytime you open a sat-nav you click off on terms of use, precisely saying there is no such idea you speak of...

That part's always seemed a bit curious to me, though IANAL, so maybe they can get away with it. Can you really simultaneously: 1) advertise a product as being fit for a particular purpose; and then 2) disclaim any responsibility for making it fit for that purpose?

If it were labeled something like, "novelty product, not to be used for actual navigation", I could see that, but GPS manufacturers position their systems as ones you should actually use for navigation.

If it were labeled something like, "novelty product, not to be used for actual navigation"

-- This is a great point.

I'd almost prefer this to having to click the damn button/s evertime. =D It would also reduce the dissapointment when finding out how crap many (even expensive) maps are in the field. I know know to cross reference (especially topo's), pick the best ones, and cary a spare to diversify just in case.

Perhaps a lawyer will chime in, but on the technical point: its pretty common for people selling product X to limit their exposure to $=price of X (max). So this technique (a limitation of liability resulting from <use> of the product beyond replacement) is fairly common. I don't think magellan wants to get sued when your galleon of gold bullion gets lost at sea...etc. That kind of thing.

That is exactly what makers of new not-yet-illegal drugs ("bath salts") do, put a "not for human consumption" label on it, that way they don't have to be worried about FDA at all.

GPS navigation devices and software could be marketed "geography teaching tools" or something like that "not for navigation"

In many countries there are strict quality requirements for teaching tools too, so it will be safer to mark maps as art and write that any resemblance to real places/organisations is purely coincidental.

Legally speaking (student, IANAL), product safety and advertising are separate areas of legislation. Advertising doesn't do much to the deal you enter into when you buy something, whereas the papers you sign are usually taken at close to face value.

Not in Australia. If you buy a product, then open it and the terms of service are in the pack, then that's called a shrink wrap agreement. You can get a refund. Same principle with apps I would think. Of course, getting a refund from the App Store...

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