However, my real point was just that people's being able to not buy your product is no defense: it doesn't work in consumer protection cases and shouldn't work here.
Moreover, consumer protection isn't just about dishonesty: even if you represent your product perfectly accurately, you still can't sell certain (mostly dangerous) things. For example, if you design a really cheap car and market it as "cheap but dangerous", you still can't sell it.
It's not defective according to the people buying it. That's what matters.
> For example, if you design a really cheap car and market it as "cheap but dangerous", you still can't sell it.
This analogy is not particularly applicable to consumer software, and applies mainly to liability. A lawyer would need to step in here, as I'm guessing neither of us are experts in consumer product liability.
So there is plenty of precedent--just because a customer would be fine with something (like less safety) does not necessarily justify it.
http://en.wikipedia.org/wiki/Consumer_protection#United_Stat...