Vindicating Rights with Bought Out Company

**Baz744** · 04-15-2012, 11:41 AM

My question involves a consumer law issue in the State of:
Missouri, though the transaction takes place over the internet with a company I'm sure is located out of state.

Over the course of a year or two, I bought from Company A the rights to download several computer games "in perpetuity." Recently, Company B bought out Company A. Company B still lets me download the games I bought. But company B now requires me to download and install a "download client," and to agree to numerous provisions, including a "hold harmless" provision, in order to download them. Company A never required me to download or install any programs to let me download my games.

I do not want to download or install Company B's download client. I certainly don't want to agree to Company B's other provisions, the most obnoxious of which being the hold harmless provision. If I'm required to install their client to vindicate my contract rights, at the minimum I feel they should compensate me if their program damages or ruins my computer.*

I wrote to Company B to ask them to allow me to download my games without requiring me to install their download client. A manager from Company B wrote back to decline, explaining that Company B now regarded agreements with Company A "ended," and that if I wanted to download the games I bought, I would have to install their download manager.

This doesn't seem right to me. I doubt very much Company B is letting me download software I bought from Company A out of the goodness of its heart. I have a vague sense that Company B is obliged to honor my contracts with Company A, and that that's why they're letting me continue to download games at all.

Do I have any relief against Company B? Is Company B required to honor my agreements with Company A? If so, can they require me to install their client and agree to its terms to vindicate my rights with Company A? Do any consumer protection laws give a right to recover attorney fees under these circumstances? Keep in mind that I am part of a class of consumers Company B is doing this to.

Thank you in advance for your help.

* The download client does significantly more than manage downloads. I don't know the vocabulary to describe everything it does, but a lot of it amounts to giving Company B the ability to download advertising directly to your computer.

**Mr. Knowitall** · 04-16-2012, 07:34 PM

Did your contract with Company A promise that you would never have to use a download client to obtain future versions of its software?

The company at issue is based in what state?

**Baz744** · 04-17-2012, 10:16 AM

Quoting Mr. Knowitall

Did your contract with Company A promise that you would never have to use a download client to obtain future versions of its software?

The company at issue is based in what state?

To the best of my memory, the contract did not promise that I would never have to use a download client to obtain future versions of its software. But:

1) I was never required to use a download client with the old company, and

2) I'm not seeking to download any different version of the software I've purchased. They're the same games, in the same version, that they've always been.

The company's headquarters are in Santa Monica, CA.