Asturaetus: The topic at hand is the right to return defect products. I don't know exactly how it is regulated in other country's laws, but here in Germany you are guaranteed the right to return a product, which is not working as intended or which does not posess the advertised attributes, to its seller within 2 years after the date of purchase.
You're talking about "Gewährleistung" (warranty), don't you? That's... complicated. It doesn't exactly work the way you wrote. You can't just "give back" the product. It all depends on what kind of good we're talking about.
A little disclaimer: I left Germany 8 years ago, so I don't know what changed in the meantime. But knowing Germany and Angela "#Neuland" Merkel... Shouldn't be that different today.
To return a product, YOU have to prove that it was broken before you purchased it. This doesn't apply to "bewegliche Güter" (moveable goods). For moveable goods the "Beweislast" (burden of proof) is reverted for the first half year after purchase, to reinforce customer protection. Is software a moveable good? In German tax laws, it isn't. Another question that's quite important: Is software a "Sache" ("Sache" is the German word for "thing", which legally means a
physical product)? It has to be a Sache, otherwise it can't have a "Sachmangel" (defect).
I think Gewährleistung doesn't apply to software. The law is written for non-digital goods. The whole legal terminology isn't prepared for software. And even if you ignore those shortcomings of legal terminology, it's still difficult. Just think about this one: How could your copy of software be broken, if it works for the vast majority of other users? It is 100% identical for every single user. It can't be in perfect condition AND broken at the same time. Doesn't work on your system although your PC meets the minimum requirements? Yeah, could be broken for you. But what if it works for another user with the same hardware (but other drivers, software, etc.)? It is pretty hard (impossible?) to prove that the software is broken. And I think you're the one who has to proof the defect, since software is equal for everyone and not a moveable good.
Gewährleistung and software don't go together very well.
Asturaetus: Since years the industry has told us that we are not actually buying the software itself, but a license - effectively the right to use the software. - We are just issued with a copy to utilize said license. But a license - this right for usage - can be revoked anytime, no problem. And as far as the EU court ruled it can even be sold to a third party.
And how can a license have a Sachmangel? ;)
They're trying to sell licenses to restrict customer rights. I said "trying", because what they think they do, isn't what german courts say what they
are doing. They ignore the licensing bs. They have a look at the characteristics of the contract (buying a game at a store is a contract) and do their best to apply the relevant laws. And that's where we come back to Gewährleistung and its problems.