Wednesday, 25 August 2010
Autodesk’s CIP – The Truth Slowly Being Revealed?
Wednesday, 18 August 2010
Callan responds to Caveat emptor.
Steve Johnson (blog nauseam) harks from the other side of the Australian continent and sometimes those from ‘over there’ think we Easterners don’t listen, think or care about them; causing them to talk of secession – not too seriously I hope because they are great people and have a great state – to visit
;-)
There are areas Steve and I agree on and it would appear having customer questions answered is one such area.
A number of questions were asked of Callan Carpenter (Autodesk) and his appreciated response didn’t seem to really answer any of the questions and a subsequent prompt has done little to redress the situation. So this episode is another example of what I have experienced when dealing with Autodesk staff. Ask them what day it is or what products they sell and you will probably get an answer. Ask them a really important question, one about licencing, one about the ‘independence’ of a report or simply one about the numbers they quote and your chances of getting an answer is probably nil.
Steve asked his readers, “Readers, am I being too harsh here?” One responded suggesting there was no point in publicly beating up on Callan. Steve replied politely and his politeness has not been reciprocated; from Autodesk employees though we should never expect anything better than to be ignored when we pose questions of substance and importance, and Callan, it would appear, is no different. These are well paid people quite prepared to demonstrate their absolute contempt for their customers, with no regard to the effect their actions have on our daily lives.
Deelip said – “Try asking yourself what answers you would offer if you were in his position.”. Yes it is always a good idea to think about what a person may answer before asking the question but what is Deelip actually suggesting here? Steve didn’t want to substitute his answers – sensible so – but I thought I might ask my mate, Callan the Carpenter, to tell me what he would chisel into a timber slate as answers to the same questions.
Questions to Callan Carpenter – hereafter to be written ‘?CC’.
Answers will be shown thus ‘AbCtC’ = Answers by Callan the Carpenter.
?CC - Please clarify in as much detail as possible exactly how you arrive at your figures.
AbCtC - Guess work would be the greatest amount of detail I can provide. There exists no need to look for or use any real data because you and your readers would not be able to check and validate, anything I say – so why bother.
?CC - A percentage is derived by dividing one number by another; what exactly are you dividing by what to come up with 1.5%?
AbCtC - Yes, dividing one number by another and then multiplying the decimal by 100 is a common way to calculate a percentage. Though the number I chose – 1.5% - was selected using the proven method outlined in the first question.
?CC - Please explain why your statements appear to contradict Autodesk’s own published figures.
AbCtC - Contradictions are a standard tool used by most VPs to ensure they are noticed (the VP that is, not the comment. The later should be ignored; that is the comment should be ignored not the VP – I think). Not to contradict could have the effect of making my job appear redundant; after all why would the CEO and Board pay a VP that simply regurgitated a company line like our bloggers do?
?CC - How large is Autodesk’s total installed base?
AbCtC - Well I didn’t answer this question originally because in the passed really big numbers have been used to describe just how many customers we have hammered. You know 4 to 6 mil. has been bandied around and I have a lot of trouble getting my head around numbers of that size. What do you think I should use the same 4/6 mil. or should I use a larger number, say, around 10 mil. Even if I could get my head around big numbers, it is a very difficult answer to determine with the current level of technology I have available. I am sure you know our data base is a mess, using it to determine numbers of customers is pretty much the same process as for question one. One final point, on customer numbers, if I may. A problem with releasing customers numbers (if we had them, and I’m not saying we have), if you think about it, it would be the equivalent of giving our competitors very sensitive company confidential data. Importantly it would also give them an opportunity to publicly dispute my numbers and ridicule Autodesk and me in the market place. I don’t think I could handle criticism of me using big numbers.
Points of dispute
?CC - Because Autodesk made Subscription cheaper than upgrading, it is no surprise that upgrading became less popular. This doesn’t indicate that customers prefer doing business in that way, merely that Autodesk made it the cheapest alternative.
AbCtC - I know what I said originally about customers leveraging the Subscription program but it is also important to say, repeating the question asked as an answer is a stalling tactic. The how to, why and when to (stall that is) is outlined in the publication ‘VP Interview Responses for Dummies’ – a MUST read for all VPs.
The truthful answer is, of course, Subscription appears cheaper only because we chose to make it look cheaper, we could have made it look more expensive. Customer preference is not important enough to consider when you realize subscription has the advantage (to Autodesk) of being a customer trap so we thought it was more important to make it look cheaper to foil the customer. We know our customers are not too bright so it also seemed logical (to us) that if we used a smaller number for the Subscription then the customer would gravitate towards it just as I do. Big numbers are difficult to work with; I think I covered why in an earlier question.
?CC - If the idea of Subscription is such an attractive proposition, why do you need to sweeten the deal with tools that you don’t allow upgraders to have?
AbCtC - Again I needed to stall in my original reply: but now I can answer the question truthfully. Subscription is an attractive proposition because it looks cheaper. But just looking cheaper I did not think was enough to trap (all) customers. So, to increase the number of customers tricked it was decided we should use a method of deception similar to that which is employed in nature – sugar. I really like pitcher plants and the deception they use and, I also see a similarity between customers and the insects the plants catch. Customers are like ants crawling all over us (at Autodesk) with hard to answer questions and high expectations so we decided to sugar coat the thresh hold of the (Subscription) trap and as the customer follows the sugar they soon find there is no way back. I really don’t think our customer are smart enough to see in advance what is going to happen to them; just like flies and other pesky insects don’t realize what the pitcher plant is doing. Don’t want to let the ‘cat out of the bag’ but this is also important for our cumulus future.
?CC - Your assertion that the 12-month cycle is driven by the product teams is incorrect. It was chosen for business reasons and the product cycle was forced to fit the Subscription model.
AbCtC - Yes you are is correct; it was purely a business decision. We did it to make sure our staff feel like they are doing something for the customers and it gives our paid cheer squad (evangelists and bloggers) something to spruik about. It also keeps many sensible customers off balance trying to keep up with those stupidly loyally customers who have to have our latest software whether it makes commercial sense or not. It is also important to catch customers off guard; our (Autodesk’s) cumulus future relies on customers accepting software changes just happen, constantly, and for no reason, just like cell division. To be part of our success customers should see it as a privilege to write cheques (to Autodesk) each year, for those changes, whether or not anything useful is supplied. When, we believe, they have become use to this process it is going to be much easier to ‘shift’ them to pay by the month/minute. I cannot say why we are going to, er, might be going to do this – cause we might not – but probably will – well maybe. I think it is also important customers understand my job is to ensure customers keep spending (sending us) money, whether they are making money (using our products) or not, is not my problem. Details of that role, of mine, are also outlined in the Dummies manual for VPs.
In closing, Callan (Autodesk) pretty much wasted the time he did spend replying to Steve and there will be those who say Callan the Carpenter has done the same. But Aussie tradies love to poke fun at politicians and business people they see as being a 'waste of space'. In the case of Autodesk, a company that appears to be run like a government/public service and so full of people who have simply lost the plot (also like our government and its public service) it is surprising to some that they keep running at all (and they can't be voted out). But my mate Callan the Carpenter has an answer for this too. He says, "the problem is Autodesk’s customers are just too lazy and gutless for their own good"; he continues, "they should stop taking the crap being dished out by Autodesk management and stand up for themselves". He recons we are jerks if we don’t and he wants to know, and will be watching to see if the bloke he has just taken the mickey out of is game enough to do what he should have done properly in the first place. I think I agree with him – do you?
Monday, 12 July 2010
Rabid Dog puts CIP Data Up For Sale.
Wednesday, 19 May 2010
CIP - The Deception Continues.
When I first reviewed, purchased and read RalghG’s book on AutoCAD 2011, I came across a screen capture of, a ‘new dialogue box’ of, Autodesk’s CIP (Customer Involvement Program). Toward the bottom of the dialogue box was the statement “Preview my CIP Data”. Imagine my surprise; over five years of trying to make Autodesk see some sense to their surreptitious and unauthorized removal of data from customers computers, was I now about to find Autodesk had listened (to a single customer) and made a concession along the lines I had been suggesting?
I was eager to find the answer – to that question - knowing full well, if, Autodesk had indeed ‘done the right thing’ I would have NO option (and would happily have done so) but to write positively about the change and accept one of initial reasons behind the creation of Caveat emptor had been achieved. All I needed now was for my ‘2011’ versions of Inventor or AutoCAD to arrive and, I would have my answer.
Inventor arrived first and it was not long after I received the answer to my question: Autodesk’s CIP’s Deception Continues.
I am not sure if I am disappointed or angry – it matters not – what is very apparent is the absolute distain Autodesk and it management have for their customers; the source of their lifestyle. Autodesk have, in one stroke, demonstrated they will use what ever tools of language (spin) they can to deceive and mislead.
The ‘changes’ we see in the CIP dialogue box have most assuredly been done in an attempt to disarm and desensitize their customers. What Autodesk has done is nothing short of rubbish; at best a dismal attempt to mask their long running unauthorized actions and unconscionable conduct!
I should have known better than to have expected Autodesk would have come to their senses, and seen the error of their ways; after all they are lead by management happy to infer I am a lunatic ;-)
Well, a lunatic I may be and will remain until I see Autodesk taken to task for their actions; or change. Autodesk’s customers have only themselves to blame for allowing Autodesk’s intrusive behavior to continue for as long as it has – unchallenged; in return Autodesk has spat in our faces.
As I have said on previous occasions, there are several simple solutions - available to Autodesk - not requiring the unconscionable behavior and the intrusive use of Trojan software and licence terms and conditions. Processes that would protect their customers and allow Autodesk to obtain the data they have stated they want (and recover some market credibility). Their problem: Autodesk simply refuse to consider the alternatives and or to sit down, talk and, take advantage of that fact; resulting in a further conformation, of my belief, Autodesk’s actions do not match their stated intentions and therefore cannot be trusted!
My first sighting of the ‘2011’ CIP dialogue box raised hopes I may be able to say the reverse but reality and the truth don’t permit me to do so – as I have said before – IF YOU HAVE NOT ALREADY DONE SO TURN CIP OFF and LEAVE IT OFF.
The Deception Continues!
Monday, 1 March 2010
Is Autodesk’s EULA Enforceable – NIMO – Part III
Recently Deelip Menezes provided an opportunity: by asking Autodesk’s CEO Carl Bass a question relating to the issues I have raised he got an ‘interesting’ reply.
So I thought, lets see if he is also prepared to avoid supporting Autodesk’s EULA and its statement that it IS a contract.
After all if Autodesk says in its EULA it is a contract there can be no reason for Autodesk or its CEO to not support and confirm this position; or is there? So I asked the question, again, and for supporting documentation – the following letter remains un-answered!
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To: Mr. C. Bass. CEO of Autodesk Inc and Mr. D. Menezes CEO of SYCODE.
Cutting to the chase.
‘Salespersons’ are morally, and sometime, in some instances, legally required to tell the truth about their products, services and what they are offering. This point neither of you will dispute?
Using ‘telling the truth’ as a starting point let’s work with the concept Autodesk ‘software’ products are licences; Autodesk’s conditions of use being defined in their EULA and Subscription Terms & Conditions.
In reading the Autodesk’s licence documents and terms and conditions we encounter statements similar or the same as the following;
“BY SELECTING the “I ACCEPT” button bELOW this Agreement OR by copying, installing, uploading, accessing, or USING ALL OR ANY PORTION OF THE SOFTWARE you agree to be legally bound by this Agreement. A contract is then formed between Autodesk and either you personally, if you acquire the Software for yourself, or the company or other legal entity for which you are acquiring the software.”
From reading these statements we can see Autodesk indicates their EULA and terms & conditions are contracts.
As a customer, with a purchasing background and, a particular point of reference relating to the application and acceptance of contracts; I am now going to ask you, Mr. Bass, to do a very simple ‘thing’. A task well within your scope as CEO (a salespersons) of Autodesk Inc. The task: support the statements found in Autodesk’s EULA and Subscription Terms and Conditions, by supplying me a response - in the form of either an Affidavit or Statutory Declaration - un-ambiguously stating Autodesk’s EULA and Subscription Terms and Conditions, in their previous, current, and complete states, are, in Australia, legally binding and enforceable contracts!
Please ensure, which ever, of the two forms of reply you choose, it is supplied to me - or at least an emailed or faxed copy of the document, with the original following - by the close of business on
In all respects this is a very minor chore: but, a very important one. A demonstration to, existing, and potential new, customers of the importance Autodesk’s places on its terms and conditions of use. Your declaration and will also remove, once and for all, the disparity in views currently held by Autodesk’s customers.
Furthermore, providing the Affidavit, or Statutory Declaration, will also demonstrate your personal commitment, as CEO of Autodesk, to provide customers with the truth!
Why by the appointed time? A schedule is needed and it is a reasonable period of time. Furthermore, at the moment, this communication is of limited circulation; however, after the nominated time it is my intention to publish these details in Caveat emptor. Therefore this is a unique opportunity for you and Autodesk to show leadership in the industry and, it would be of some advantage, to Autodesk, to have the response included in my post.
In closing; Autodesk and its dealers have, for too long, avoided handling this topic in a professional and truthful manner. This is your opportunity, Mr. Bass, to right that wrong; and, I am sure, on this occasion - whilst you may (probably will) delegate the task - you will ensure it is done, as requested and, done within the time constraint set.
I truly look forward to reply, Mr. Bass, and the resolution it will provide.
Yours sincerely,
R. Paul Waddington
Proprietor – cadWest
Monday, 18 January 2010
An Autodesk Subscription Renewal Rejected? – Part 1 of…..
The short version of this convoluted 20 day saga starts 5 days after placing a purchase order, for my Inventor Subscription renewal, in the hands of my Autodesk Inventor dealer’s Sales Manager. It, the purchase order, was handed back 5 days later by the Sales Manager (the result of a decision made by the dealer Principal – the Sales Manager’s boss). Autodesk Australia was made aware of what was about to take place, before the order was returned, was asked to be involved but, and, 15 days later – in a letter to me (received on the afternoon of the day prior to Autodesk breaking for CHRISTmas ??? ) – Autodesk ‘wiped’ their hands of involvement; despite the fact Autodesk had sent me (the previous day) a third Subscription Renewal reminder; an email titled - Renew NOW.
That’s exactly what I was trying to do – with payment in hand!
There are two Autodesk dealers, ‘only’, who have the privileged position to trade Autodesk Inventor products, in my area (Sydney, N.S.W.); neither has accepted my renewal request.
Mr. Wolfe may have been denied entry to AU but have you ever heard of a customer being denied access to the software tools of his trade? Autodesk products may be “cheap and used for relatively un-important tasks”, in some eyes, but they happen to form the foundation of my business. Without them I have no business or job; in my case Autodesk products are extremely important. However, the separate action of individuals, taken within three companies, has now combined to make the running of my business much more difficult than, it should be and, it would be for any other person in my area, including my competitors.
Software supplier and dealer fury in full flight: no ‘real’ reasons given for the separate acts but, an educated guess, as to why, can probably be made!
The word, ethics, also springs to mind.
Importantly, it is always individuals, who make decisions, not companies. Individuals within software companies, choose to, surreptitiously penetrate customers computing systems using Trojan software - embedded in legitimate products; use non-negotiable invasive Terms and Conditions of Use in an attempt to take the high ground, refuse to have their actions scrutinized or validated and, to ‘wash their hands of a ‘customer of 25 years’ and;
Other individuals, owning and running software service companies, are now, also making decisions about which customers/individuals can, and will, access the products they ‘sell’ for and on behalf of the software companies. In effect, controlling/choosing who can work commercially, economically and or effectively in the market space they have chosen to SUPPLY; with protected and privileged dealer status!
Are these actions the price I now pay for speaking out about invasive licencing and the use of Trojan software? If so, ALL software users need to take stock and consider some long term ramifications.
Is the future, of (CAD) software use, a situation where it is not which software is suitable, easiest or the most cost effective for you to use; but whether or not the vendor(s) considers you a suitably submissive customer, person or company? If, initially approved of but, at a later date, you prove to be a ‘troublesome’ customer, and unrepentant, you too WILL have you access removed – GOD in the ‘cloud’.
Are we, as customers, going to continue ‘sitting on our hands’, allowing software developer led social engineering to continue or, do we heed the now ample warnings; take control of our market place and stop ALL the types of activity, I have spoken out about, in its tracks?
Caveat emptor, indeed!
“Always look for the evidence to everything you’re asked to believe.....”
Richard Dawkins.
--- $ ---
The Long Version;
The following is a deliberate ramble linking several different instances and I make no excuses for that or its length. It has several purposes. One being, it is a record of the events; the people and companies involved, done to ensure I have a permanent reference for later use…..
Another; it is an open letter to the individuals involved, highlights their actions, poses several questions and, includes a challenge directed to the management of Autodesk. Who I would willingly, at any time – privately or publicly – discuss what ALL Autodesk employees, their legal people and agents have actively avoided doing now for over five (5) years, and that is; to meet and discuss in depth and negotiate, all to do with their application of unconscionable Software Terms and Conditions of Use; their use of Trojan software and, importantly, their refusal to meet and discuss their requirements relating to my concerns overseeing and validating their invasive actions!
Caveat venditor.
Don’t bother reading further it if you are looking for an outline, for correct grammar, spelling or are going to be offended by seeing your name in print and or dislike having your actions questioned in this forum!
On November 20, 2009 Ralph Grabowski wrote a piece in his blog titled “Should Wolfe Be Denied Entry to Autodesk University?”.
The comments that followed were interesting and showed varied opinion and thought; which is to be expected.
My comment, to Ralph Grabowski’s posting, took the line, refusing Mr. Wolfe entry was childish: ‘Autodesk’ would have been better to allow Mr. Wolfe to attend AU, using the opportunity to address his comments and ‘convert’ him; the professional approach. In doing so ‘Autodesk’ would have demonstrated managerial maturity, a respect for others opinions and, a strong knowledge, confidence and commitment to its products and customers being ‘derided’.
Like Ralph Grabowski & Mr. Wolfe I am no stranger to this type exclusion, with some significant differences. The first event I was excluded from, I was, initially, invited to attend. It was a presentation of Autodesk product; the event was organized by an Autodesk dealer supplying me product. However when the key speaker, the then current reining Autodesk product manager found out I was to attend he said he would not present if I was allowed in; resulting in the directors of the dealership stopping me at the door, refusing me – their invited customer – entry!
Missing out on that presentation meant missing out on information Autodesk’s dealer deemed important enough to organize and invite its customers to hear and for Autodesk to play a key role. But what is more important is that both the Autodesk employee and the directors of the dealership felt they had the right to deny an individual customer access to the same information others in the industry would get to hear and learn from? What it also showed me, and other attendees who ‘witnessed’ what happened, was just how immature the product manager was and how unsure he was about what he was about to present and, as for the directors, well what can you say about any person running a company with so little fortitude and ability as to not have been able to solve the problem they faced, sensibly and in favour of all parties.
Now, Mr. Wolfe made a comment it may have been prudent to avoid and, as I know absolutely nothing about the guy I looked at his comment and measured it against what I know I and my customers do, and see the situation, he outlined, differently. I guess I know what is important in mine and my customer’s context and as Mr. Wolfe is not part of our life, neither was his comment directly relevant, or worth ‘getting up any steam”. If missing AU was a result of his reported comments, at least it had a similarity to other exclusions.
But my exclusion this time around takes the process into new territory: enforced with no reasons given, it strikes directly at a persons (my) ability to access the ‘tools of his trade’ and, to continue to run a business; and, again it is an AutoCAD dealer metering out the pain by simply refusing to accept my purchase order and payment, on behalf of Autodesk, to renew my Autodesk Inventor Subscription!
As I said in my comment about Mr. Wolfe’s exclusion; it is individuals who make these decisions and, in the first instance, on this occasions it was the dealer principal; Jamie Delves, head of an Autodesk Premier Solutions Provider called Envision Solutions Pty. Ltd.!
Here is a rough outline of events; on the 27 Nov. 2009 I handed to Envision’s Sales Manager an order for my subscription renewal with the request it be processed and paid by mid December 2009. Five (5) days latter he returned and handed back the order, simple stating, Jamie (his ‘boss’) was not prepared to accept it – no reason was given. To his credit though, for his own reasons, I was told, before he came to my office he did ring Autodesk and outlined what was to occur and, he was of the ‘belief’ Autodesk would ‘assist in some way’. So, my response was simple; as a subscription is a deal between Autodesk and a customer*** - a dealer only being the booking agent – and given he had already made Autodesk aware of the situation, I said send the purchase order to Autodesk Australia, ‘with your covering letter’, and let them decide if they want to ‘accept it’ and or to hear what their suggestion(s) might be; this was done, I believe the next day.
It is easy to see what should have happened here, and I didn’t care who got the cheque; subscription is what it is so it matters little who takes the money, on Autodesk’s behalf, provided it is paid, in full and on time.
‘Nothing much happened’ for a week then several emails and phone calls solicited comments like, “Autodesk are trying to work out who can handle it..” and, “I have asked her to speak with you”. The phone call never came: what came instead, twenty (20) days after issuing the purchase order, on the afternoon of the day prior to Autodesk going into CHRISTmas recess, was a letter, from Autodesk’s Channel Program & Operations Manager, Clare Wharrier.
The letter started by incorrectly stating I had requested to renew my Subscription directly with Autodesk. It went on to say “Unfortunately in cases such as yours, we do not transact directly but have resellers to sell directly to customers such as yourself”. Well yes, I knew that was the case but, Jamie Delves - Envision, an Autodesk Premier Solution Providers and the dealer listed on Autodesk’s reminder email as the dealer to contact***, didn’t want to accept my order or payment on Autodesk’s behalf so, who would?
Well Autodesk had an answer for that question, the letter went on; “Please got (Clare’s words not mine) to our web site for the list of partners (sic’ there’s that partner thing again Ralph Grabowski) with whom you can renew your subscription”, followed by Autodesk’s web address listing dealers.
Now here’s the twist; Autodesk’s dealers are like many animals, territorial; and, like animals they choose and fight for a spot, in the world, to set up an office, and for Autodesk’s permission to do so. Now in Australia that means Inventor dealers trade ‘only’ in the state allocated, (in my case that is the New South Wales, Sydney is the capital), and ‘not outside’ this area ;-)
Autodesk list two dealers, for the State of N.S.W., as suppliers of the ubiquitous Inventor software. Envision I have already mentioned: Cadgroup Australia is the other; a company I dealt with for many years, the one who denied me access to their presentation at the behest of an Autodesk employee and, one who has not answered my request, or accepted my purchase order and payment to renew my Inventor subscription.
So, now we have THE two dealers ‘in my territory’ – authorized to sell Inventor and subscriptions – neither wanting to accept my money on Autodesk’s behalf? And Autodesk Australia in a position, it would appear, unwilling or unable to ‘encourage’ their privileged designated territorial Inventor dealers into accepting my money on Autodesk’s behalf?
The closing sentence, of Autodesk’s letter had this little gem; “Please be aware we cannot and do not make it mandatory for our resellers to do business, or refuse to do business with you or anyone else.” This may be true but you have to wonder at the ethics in play.
For one Inventor licence twelve month subscription - $1340.00 for Autodesk, $335.00 for the dealer, $167.50 for the government.
Not big biscuits, but these are the tools of my trade* and individuals within (remember it is always a person or people who make decisions, NOT companies) Envision, Cadgroup and Autodesk Australia have chosen, for their own undisclosed reasons – to not allow me to access, their software product and services, in a ‘normal’ manner, as others, including my competitors, can?
An aside: Anyone spot the business opportunity for some serious corporate customer relations training for the owners and managers in these three companies ;-)
* So here is something to ponder: outspoken I am about Autodesk’s licencing and the use of Trojan software but I have been selling and supporting Autodesk products since 1984 when first employed by the then and original distributor (of IBM versions) of AutoCAD and when that company closed (1990) I became self employed and continued selling and supporting Autodesk MCAD products, as a small niche support orientated dealer until Autodesk decided I no longer fitted by imposing un-attainable sales targets – support is only good in Autodesk’s eyes if it is backed by large in number NEW sales – so end of the MCAD dealership. They left me the ability to sell AutoCAD though, but, it had to be sourced through a secondary supplier** not Autodesk. MCAD customers stuck by me and some still do (over 23 years for one), I re-organized, support and training playing a larger role even in the MCAD space. Now this is a significant point; even whilst I do and will continue to speak out about Autodesk’s licencing and its use of Trojans – for as long as they continue what they are doing – I still continue to promote the use of their products (MCAD) and on any given week can be training between 10 to 16 individuals in the use of AutoCAD and Inventor in both my private work and in institutions. A critic; yes, but not one setting out to damage Autodesk, nor its products application and use.
My two subscriptions for Autodesk’s products are extremely important to me as being the only way I remain current - and ‘legal’ ;-) - to ensure the training I offer, and do, is as current as it can be. However it would appear 25 years of experience and dedication to Autodesk’s customers’ counts for naught if you are seen as not fitting the mould and can be bullied aside. What does this say about the individuals, who work at Autodesk and, those who own and run Envision and Cadgroup, about what they see as important for our/your industry?
**I said I was able to sell AutoCAD sourced through a third party distributor and at the moment I still can but, Autodesk are removing the ability for people like me to sell AutoCAD in February 2010 making it available, again, only to ‘qualified’ dealers. Yep, that’s correct, Autodesk let every man and his dog sell AutoCAD as a retail product and now want ‘qualified’ dealers again. Of course the ‘main qualification’ is meeting sales targets. Will I qualify, who knows – knowing the product(s), the business, having long standing loyal customers, training, supporting and introducing new users on a weekly basis to Autodesk products for 25 years is not the qualification required.
***Autodesk send emails directly to subscription customers reminding them of the impending renewal. I receive six reminders, the first being some three months ahead of the renewal date and the last one on the 15th December 2009 and it was titled RENEW NOW. Autodesk’s Pontius Pilate letter is dated 16th December 2009 and was delivered on the afternoon of the 17th December 2009. Autodesk went on leave, for CHRISTmas, on the 18th December 2009 – my order was placed in the hands of Adam Scully on the 27th November 2009.
Ralph Grabowski asked in his post, “Should Wolfe be Denied Entry..etc.”
I ask, should I (or any other person for that matter) be denied ‘normal’ access to Autodesk’s products because;
I am critical of Autodesk’s invasive licensing policies and use of Trojan software or;
Is there another reason my customers should be disadvantaged and my business be destroyed – if so, what is it, Jamie (Envision), John&John (Cadgroup), Clare and Carl (Autodesk)?
What do other software users think? Does being critical of any product you use mean you should no longer have access to it?
Please, before you inundate me with facts, and comments, relating to my ability to choose alternate software stop and think about what you are about to say in relation to my situation and business. At its simplest level, if you can demonstrate how, me, owning and using, as an example - Solidworks in my office would be a good advert for selling training courses in the use of AutoCAD and Inventor, I would be only too happy to listen to your reasoning.
At the other end of the scale and of more importance, consider; unreasonable and unconscionable Terms and Conditions of Use and the use of Trojan software is not confined to only one software developer; ‘out of the fat and into the fire’ in many cases it would be!
I indicated Autodesk’s actions in relation to Mr. Wolfe, reflects the behavior of children and in a recent comment about ‘The Orange Rectangle etc…’ Deelip Menezes said, “Frankly, my six year old and two year old fight over more reasonable things.” I tend to agree: when you look at some legal suits, software developer and dealer reaction to my comments about intrusive, unconscionable Terms and Conditions of Use and the unjustified use of Trojan software one can only conclude it is nothing short of behavior befitting children who ‘chuck tantrums to get their own way’!
Just how much power, and access, are you and society, prepared to give software companies, run by individuals who have agenda which may not match what is best for society as a whole; who have little respect for alternate view points and, who cannot separate their petty thinking from their business decisions?
I’ll conclude this epistle with a challenge to Autodesk’s Board of Directors and CEO Mr. Bass. Five years is long enough for your company, if it has nothing to hide, to have answered my reasonable questions and concerns. I challenge Autodesk to appoint a representative to meet with me and discuss what Autodesk has been avoiding for a very long time – what have you got to loose?
My quest for answers has always been about making our market place equitable, and you know that to be the truth; better for both software developers (Autodesk) and customers. Autodesk chose to believe it had a right to dominate and intrude on customers – and is perceived that way in the market place. Making it more difficult or destroying my business will achieve absolutely nothing for Autodesk and its dealers; the market has its opinion set and you cannot trade or profit from my loss, so why bother.
What stuff are you and your crew really made of Mr. Bass? I have said many times before; all the issues I have raised have very simple solutions. Are Autodesk individuals going to remain in the software industry as ‘childish bullies in short pants’ or are they going to grow up, face the reality customers are entitled to the same protections and rights as Autodesk and work towards that end or, is the value to be found in good customer relations a job too demeaning, too difficult or too complex for minds calibrated in sales.
What has Autodesk to gain by tackling my concerns? A considerable amount! Goodwill in business can, and is, measured and used in many ways. Address the situations I have raised, with your customers interests in mind, and the goodwill generated will be marketable and profitable!
Your call Mr. Bass, are YOU up to the challenge?
This latest action against me, by an agent of Autodesk, gives me considerable cause and good reason to continue my pursuit for the truth behind this latest action, those that have preceded it and the continued reticence of these companies, and individuals, to justify their unconscionable actions and their unending belief they have the right to abuse their customers trust and their privileged position.
“Like a dog with a bone”, I have absolutely no intention of letting go of my issues until they all are sensibly discussed and answered as I believe they should be.
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“It is not the critic who counts: not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood, who strives valiantly, who errs and comes up short again and again…..who spends himself in a worthy cause; who, at the best, knows, in the end, the triumph of the high achievement, and who at the worst, if he fails, at least he fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat…..”
President Roosevelt.
Thursday, 27 August 2009
Software ‘Licence’ Compliance - It’s Your Legal Obligation?
My interest is in the second part of the title - “It’s Your Legal Obligation”. This eye catching statement is the heading of the paraphrased paragraph following – and the original. Firstly however, it is the contents of the paragraph I will address as it is important to have a correct view of the statements within to understand why I believe the title is misleading.
“1. It’s Your Legal Obligation
The Developers’ End User License Agreement (EULA) is a contract between you and ‘The Developer’. It governs and protects your right to use ‘The Developer’s’ software. Knowing and complying with the terms of the EULA keeps you from breaching this contract, and on the right side of the law”.
Used as the opening paragraph - in a handout distributed by a software developer – the paragraph makes a very definite statement relating to the contractual nature of the EULA which is, in most cases, relating to software, far from factual. It goes on to say the EULA "governs and protects" a users rights, concluding; “knowing and complying with the terms of the EULA”, somehow keeps the customer(s) “on the right side of the law”.
Handed out at a promotional event this attempt at hoodwinking customers might appear to have been a good idea; but was it? Are the statements correct? I have already demonstrated many/most software EULA are not contracts, despite what software developers would like us to believe. In saying that, it then follows ‘knowing and complying’ does not ‘protect’ a user nor keeps the customer(s) on the ‘right side of the law’.
The one comment going close the real function of the EULA is the mention it “governs” your right to use ‘The Developers’ software. It has long been my opinion ‘click thru EULA’, found in many pieces of software, are nothing more than a – desired - code of conduct provided by the ‘The Developer’. It does not actually govern the user; it only outlines how ‘The Developer’ wants the customer to behave after ‘purchasing’ and, whilst using their software.
So, given EULA, in the main, are NOT contracts, provide no protection – for the customer/user – and, play no ‘real’ role in keeping the user on the ‘right side of the law’; it seems somewhat contradictory to headline those statements with “It’s Your Legal Obligation”
To say, “It’s Your Legal Obligation”, is a ‘smoke and mirrors’ statement – made by ‘The Developer’ for no better reason than to cloak the EULA in credibility it does not deserve and cannot support. Like other magic tricks; if the user wants to believe they have agreed to a contract that is what they see. The reality however is considerably different. The dangers of not fully understanding how ‘The Developer’ is performing the ‘trick’ could be considerably more costly – to the user - than watching coins disappear and re-appear in a magic show.
EULA, as found in software, have undergone considerable change; in some cases those changes have not always been made in the best interests of the customer. That fact, in itself, is of no surprise; after all, ‘The Developer’ would argue, ‘it’s our software therefore we can do what ever we want’ – and they do! Their statement might be true except for the fact ‘The Developer(s)’ wants to insist the EULA is a contract: I argue it’s nothing more than an unenforceable, suggested, ‘code of conduct’.
As a ‘code of conduct’ I would agree ‘The Developer’ can outline any conditions of use s/he chooses and the users will decide – without penalty – if s/he complies or not. However, if a EULA is to be accepted as a contract, it MUST be negotiable and an agreement between parties. Failure to comply, by the user and or ‘The Developer’, once the terms have been agreed on by both parties, is no longer an option and penalties may apply to both parties. Simply stating the EULA is a contract, or selecting the “I Agree” button does not make a non-negotiable EULA a contract!
So, the statement that caught my eye, “It’s Your Legal Obligation”: as a heading performed the function of drawing my attention; but as it is misleading it also draws my criticism. Misleading because it wrongly primes the reader prior to reading the statements that follow, which are, misleading and or downright false!
Now, to vendors and ‘The Developer’ I say this; “It’s Your Legal Obligation”, to be truthful in promotions; about your products and what you believe are your customers’ obligations in relation to you and your products. Furthermore, “It’s Your Legal Obligation”, to ensure you are not abusing your very privileged position by conducting surreptitious activity and using customers computing systems for your own purposes!
It might have seemed a good idea - ‘Developer’ - to infer how your customers might stay “on the right side of the law”; but are you?
“Eh! What on earth you getting at? Are you suggesting ‘The Developers’ are using their customers computing systems for their own purposes”? Stay tuned; all – or more likely only part – will be revealed, next!
In the interim here is a question for readers to consider, answer and or comment on: “At what point does it become legal for ‘The Developer’ to use their software products – critical business software – as the vehicle to collect and remove data, of any kind, from your business and design computing systems without your authorization and oversight?”
Why?
Buyer Beware…’, was the title of a letter published in the Sydney Morning Herald on the 24th May 2005. It detailed a fundamental shift in the use of a particular EULA away from being a tool that defined the rules of use for software – reasonable - to a legally enforceable contract containing a number of questionable conditions including one granting the licensor, "the right to conduct an audit on your premises or by electronic means"; unreasonable!
The EULA moved from being a contract defining what you can and cannot do with software to a contract, if accepted unchallenged, that specifically gives the licensor access to your premises, business, design and computing systems!
Caveat emptor, the Blog, is an extension of that original letter and highlights my original, unanswered, requests relating to the addition of Audit clauses in my existing Subscription and Licence contracts. Requests for information and detail that I, as an established licence holder and customers, have every right to; and information the licensor should be compelled and obligated to provide!
If my goal is considered offensive, unjustified or unreasonable it will only be by those who believe protecting their IP is more important than that of others. To them I make no apology; if the issues raised previously had been broached correctly, and in the first instance, they would have long ago passed by.
Caveat venditor: ‘Like a dog with a bone’, I have absolutely no intention of letting go of these issues until they all are sensibly discussed and answered as I believe they should be!