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Would the question still be about measuring the drop in quality to prove that the product (the software in this case) is in breach of the law?


Well, it would probably need to be part of a physical product and not software alone unless the vendor is dumb and forgot to disclaim the warranty (see https://repository.law.uic.edu/jitpl/vol16/iss2/6/).

Second, it’s not exactly about whether the change constitutes a drop in quality but whether it renders the product unfit for its ordinary purpose. The argument would essentially be that the change is a deliberately introduced defect.

It’s a little weird but a plausible claim given the right facts.




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