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Software Information Bulletin - Claims on Software Products

1998

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The Fair Business Practices Branch (FBPB) of the Competition Bureau administers the Consumer Packaging and Labelling Act, the misleading advertising and deceptive marketing practices provisions of the Competition Act, and other consumer related Acts. These laws are intended to promote fair competition in the marketplace by discouraging deceptive business practices and encouraging the provision of accurate and sufficient information to enable informed consumer choice.

The FBPB is publishing this bulletin as part of its efforts to increase the compliance rate of claims on software products.

It is the responsibility of the software industry to ensure that any claims made on the packaging of software, any literature contained therein as well as in the program itself are factual so that users of software, both novice and expert, are supplied with accurate information about the product. By providing the purchaser with sufficient and accurate information, the trade could also benefit since it may reduce the number of software returns resulting from incomplete or misunderstood information.

FBPB published the "Software Claims Survey, Analysis Report" in 1997. The survey found problems in a number of areas, including inadequately specified system requirements, incorrect features claims, inaccurate pictorial representations, and unavailable free or bonus offers.

The following illustrates areas which need to be addressed when providing information about a software product:

• System Requirements- It is recommended that accurate minimum and recommended system requirements be shown on all packages. All features of the software should work when using the minimum system requirements unless it is otherwise specified. System requirements could include:

  • Platform/Operating system version - DOS, MAC, Windows, etc.
  • Processor/CPU speed.
  • Memory - RAM requirements need to be clearly specified to include total memory required including operating system overhead.
  • Display requirements - Including Video card and RAM, resolution, colour, VGA or SVGA.
  • Hard drive space - State the amount required to install and run the program.
  • CD-ROM and CD-ROM speed.
  • Audio sound equipment and sound board.
  • Other requirements such as printers, modem, mouse, game ports.

• - If a product feature has restrictions, they should specified on the outside of the package. For instance, if a product claims that graphics can be imported, then all graphic formats must apply, unless specific formats are indicated on the package.

• Pictorial Representations - Unless it is otherwise stated, the minimum system required to run the software should be able to reproduce pictorial representations in the resolution shown on the package.

• Statements such as "See Details Inside", "See additional information", "Free technical support" - If there are any restrictions, expiry dates, or additional costs for these or any other bonus offers, these should be stated on the outside of the package.

• Will product performance be affected by the calendar change at January 1, 2000? - This will be an important issue for many software products as the year 2000 approaches. For more information on Y2K issues, visit the Industry Canada Y2K website at http://strategis.ic.gc.ca/sos2000

• Shareware - If a product is shareware, the name "Shareware" should be identified as part of the common name for the product.

• Toll free numbers - Toll free numbers for contacting the company must be valid in Canada, unless otherwise qualified.

The FBPB will be conducting a follow up survey to re-assess the compliance of claims on software. It is suggested that you review your policies and procedures and make any necessary changes to ensure that all information provided on your software packages is accurate.

For more detailed information please contact the Information Centre of the Competition Bureau.