The bill text is concise and surprisingly readable.
…legislature.ca.gov/…/billTextClient.xhtml?bill_i…
They will either need “affirmative acknowledgment from the purchaser” of their rights or provide a “clear and conspicuous statement” clarifying the buying a digital good is a licence situation.
They provide this definition:
“Clear and conspicuous” means in a manner that clearly calls attention to the language, such as in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks.
For “affirmative acknowledgment” my guess is something like PlayStation does currently might become common. Every time I checkout their purchase button is disabled until I tick a checkbox with this statement:
I request immediate access to my purchase and acknowledge that I will not be able to cancel my purchase once I start downloading or streaming the content.
Both of these scenarios should be displayed as part of the checkout flow, not hidden away in the ToS/EULA.
bjoern_tantau@swg-empire.de 1 month ago
I think this law is already going in the right direction. If something can be downloaded to have it indefinitely (like what GOG offers) it is all right. Sure, you have to provide the physical medium yourself, but without the law (or nice stores) you wouldn’t even have the chance.
And even physical media has often been DRM encumbered. Remember the Sony Rootkit? So I prefer offering a permanent DRM free download I have to backup myself.