Company ignores request for update

Community Forums/General Help/Company ignores request for update

Doggie(Posted 2014) [#1]
I won't mention the name of the animation program.
I bought it several years ago and then it vanished
from the net but reappeared recently with a slightly
different name but the same product.
Their website clearly states and stated at the time of my purchase
Purchasing also entitles you to download any updates that become available at no extra cost. (You don't need a PayPal account.)
However this company completely ignores my e-mails to support@... (not sure if I should reveal the name)
What recourse do I have? This is blatantly breach of contract
I have e-mail proof of purchase which I sent them also.
Any ideas? If they just ignore me there should be consequences.
Thanks for any help


Derron(Posted 2014) [#2]
If the programe is no longer sold under the name at which you bought it ... which right do you have?

They did not behave morally integer but I doubt that this behaviour is illegal.

Just because something "looks the same", you cannot proof that it really is the same. They could reuse 99% of their code - but it is still another product if they decide it so.


bye
Ron


Floyd(Posted 2014) [#3]
All of their old customers will have the same claim against them. I assume they wouldn't be back in business if they were legally liable.

I've had something like this, with a company changing to a subscription model for their software. No more updates of any kind, even paid, unless you fork over a yearly fee. In this case it was technically a new company, although it looked like the old one. The original had been purchased by some of the employees.


Doggie(Posted 2014) [#4]
Sorry but the "We Say So" company was funny on the Dinosaurs TV show
but not in real life. The program used to be called Express Animator
and is now called Awesome Animator. It has a few new features than the original but it is the same program even if someone wants to lie about it.
Oh well...

But it's worth having and being swindled doesn't set right with me.


xlsior(Posted 2014) [#5]
I'd think you're pretty much out of luck here.

You were entitled to updates of Blah Animation.
Whatever they offer now is no longer called that, hence a different product.


Doggie(Posted 2014) [#6]
But that's like saying I can sell copies of 3ds Max so long as I call it 3ds Cheap or something like that. Different name=different product.
Same exact thing.


xlsior(Posted 2014) [#7]
But that's like saying I can sell copies of 3ds Max so long as I call it 3ds Cheap or something like that. Different name=different product.
Same exact thing.


Not at all -- you have no legal rights to copy & distribute someone else's software, regardless of what name you slap on there.

But here's some food for thought:

Take the original BlitzBasic for Windows. It also came with free updates.

Later, BRL released TWO new programs:
- Blitz3D which is essentially the same except it also comes with a built-in 3D engine
- BlitzPlus, which is essentially the same except it comes with windows GUI commands and the ability to interface with external libraries.

B3D and BlitzPlus were also sold as entirely seperate products, even though under the hood they're probably 90% the same. And to me, they are distinct enough to warrant that.
Bottom line, it's up to the creator to decide what constitutes a new product and you'll always at their mercy for that. When it comes to free updates for life, there are never any guarantees anyway -- you can buy it today and the company can close up shop tomorrow never delivering a single future update. Nothing you can do about that either.

Better luck next time


Doggie(Posted 2014) [#8]
I never had BlitzBasic but Blitz3d and Blitzplus are different enough for me to recognize them as seperate programs. The program I'm talking about is not.
It is exactly the same with one or two added features which are not crucial to the point of the program therefore do not create a new program but rather a slightly enhanced version of the original. What some people would refer to as an update,which is what I was promised in writing published on the internet and sent to my e-mail address saying as much. I'm right they are wrong. but nothing I can do I guess. I thought maybe there might be some kind of better business type of thing where I could at least file a complaint. The worst of it is I still would like to have a working copy but I'll be #&@^#% if I'll trust them..Thanks for the replies.


GfK(Posted 2014) [#9]
If you bought it via paypal, get a refund. Simples.


TomToad(Posted 2014) [#10]
How long have you waited for a response to the email? It appears that this product is sold by a lone developer, and based that nothing has been updated since 2010, probably doesn't check on his website very often.

I once bought a program online that I didn't receive. Had emailed the contact link with no response for several days. Turns out that the guy running the site was on vacation and hadn't checked on his email in a week. He had no idea that the site wasn't emailing the download link like it should.

I'm thinking the guy who created Awesome animator isn't actively trying to rip people off, probably someone who lost interest in the product and left his website on automatic. Considering that you bought the program more than 4 years ago, I doubt much could be done about it.