When You Buy It, But They Still Control It

What is it about?

The editorial explores the growing phenomenon of digital tethering, the practice of making physical goods reliant on embedded software that grants manufacturers post-purchase control, and its legal implications in the EU. Existing EU legal instruments, such as the Consumer Rights Directive and the Digital Fairness Act, provide partial safeguards but leave regulatory gaps. It is argued that digital tethering risks evolving into a form of digital feudalism. A carefully designed legal framework is needed to ensure that technological progress does not compromise the fundamental rights of ownership and personal autonomy.

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Photo by Franck on Unsplash

Photo by Franck on Unsplash

Why is it important?

The topic is important for consumer protection. Consumers may believe they are purchasing a good that belongs to them perpetually and they can use as they see fit, while in practice, they are entering an ongoing relationship of dependency with the manufacturer. Essential functions may be changed, restricted, paywalled, or withdrawn through software updates months or years after the purchase. It is also important for property law because digital tethering weakens the boundary between ownership and licensing. Ownership traditionally implies control, exclusion, transfer, right to self-repair, and long-term use. But where the object depends on proprietary software or remote servers, the manufacturer may retain powers that resemble those of a landlord rather than a seller. That is why the language of “digital feudalism” is powerful: it captures a shift from ownership as autonomy to ownership as conditional access. The issue has broader fundamental-rights significance. Digital tethering affects personal autonomy, privacy, data control, and the right to make meaningful choices about one’s possessions.