[Windows Phone 8 General] jordanmills:
It's slightly more complicated. The sale is governed by the laws of the nation in which the purchase was made (see section 4.b of the "App Developer Agreement"). Assuming the sale was made through the US section of the store: Technically the developer is liable for damages under US law as described above, though recovery would likely be limited to funds from sales in the US. It's possible that all funds from sales of the app could be considered available for seizure since they process through Microsoft corp in the US.

It is possible that if a developer from outside the US was found liable for civil damages in the US, then their accounts/funds could be seized if they were held at institutions with a presence in the US or if they were in a jurisdiction that has commercial or civil treaties with the US. But that would be expensive and time-consuming, and I think it is very unlikely.

Do you mean "withdraws"? (As in, the developer asks microsoft to not list the application in the store)

That is what this discussion comes down to. By the terms of the agreement, the developer has the right to request that Microsoft remove the application's listing and no longer allow it to be downloaded. Also by terms of the agreement, microsoft does not have the right to disable previously downloaded copies of an application except where it might cause harm to a user or device, to comply with judicial process, government order, or lawsuit settlement - but not on request of the developer.

MS has no obligation to continue publication on behalf of a developer. Since the license is directly between the developer and the buyer, the developer (and not MS) is liable for failure to deliver etc per the UCC (above).

What happens when you install an app is that the local store application contacts the MS store site and requests a decryption key for the device it's running on (even if you have a copy of the store XAP on an SD card). If the application is listed and available, then the store will issue a decryption key to the device and allow the xap to be decrypted and installed. So even if you have the XAP that you downloaded for the store, if the MS store does not issue a key for the XAP when you want to install it, then it is not possible to install that XAP.

What we're getting at here is that (assuming you are in the US) if you have an unencrypted copy of the XAP and you have secured a license to the application (e.g. purchased the app in the store), then you can lawfully install the application. The law I quoted above protects a buyer's right to take steps necessary to ensure that they are able to do this in the future.

Reference: App Developer Agreement http://msdn.microsoft.com/en-us/library/windows/apps/hh694058.aspx

---------- Post added at 06:47 PM ---------- Previous post was at 06:41 PM ----------

Actually, per their agreement with the developer, MS functions as a payment processor and proxy, but the license is directly between the developer and the buyer.

---------- Post added at 07:03 PM ---------- Previous post was at 06:47 PM ----------

You seem to have not read the app developer agreement. I bought the app from through Microsoft, who the developer appointed as their agent for sales. The license is an agreement directly between the developer and me.

Yes, MICROSOFT is not responsible for the damages. The developer is. If you issue a chargeback, then MS will take that amount out of the developer's account. If you directly pursue compensation then it must be with the developer. The agreement itself says that the buyer can recover up to the purchase price of the app unless applicable law requires the developer be liable for more. The agreement also acknowledges that a buyer may have other rights recognized by local law that the agreement cannot change.

I don't know what you're rambling about with this "chamber of commerce in your country" and "legally approved through specific amendments". The "US chamber of commerce" is a private business organization that has nothing to do with making law. Contracts between private parties are not subject to legislative review, are never individually approved in law, and have nothing to do with the law unless and until one party disputes the contract and sues the other party in a court of law (at least in the US). You REALLY need to learn the basics of contract law, private party sales, and read the developer agreement. It's obvious that you have no idea what you're talking about.