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Thread: can i sue adobe for miss leading me?

  1. #21
    Stick In The Mud
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    Hi Adrian,
    have you tried getting your uni department involved in the matter? I'd think it'd be in their interest since they probably encourage the purchasing of student licences... try sending an invoice for the cost of the software to the Vice Chancellor and see what happens ...

    good luck,
    Andy

  2. #22
    Vote for your dog
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    Resell your eddy version to the next batch of students at your school at 20% off - Let them deal with the non upgradeable problem.

  3. #23
    Climbing Nerd
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    Come one people ! ! Wake up...

    If you bought a car at the beginning of the school year and then, at the end of the school year, decided you wanted to "upgrade"... should you only have to pay the difference between what you paid originally and what the new/upgraded car would cost?! NO, of course not.

    It seems ridiculous to me that people think they can go through life blindly - not paying attention to what they do, not looking into the things that they purchase and then being of the mindset that it's someone else's fault when things don't go as they THOUGHT they would. The fact that you didn't look into or investigate the possible outcome of your purchase is your own fault. Deal with it.

    Maybe I'm just jaded because I live a country where someone wins a case against McDonald's because their "hot" coffee burned them. DUH. Coffee is hot - be careful.

    I see commercials every day on the television - "Have you been injured? You may be entitled to money.". Maybe you were injured because you're a dumbass.

    Maybe you're just part of the natural phenomona I call "weeding out the gene pool". Or better yet - maybe you were just born at the shallow end of it...

    Nobody owes you anything. You used a product. Buy the upgrade if you need it.

    Just for clarity... I do not work for any software company. And just last week I was in a semi similar situation... whereas I purchase a new computer with Windows XP Home Edition and had no idea that it didn't support IIS, nor is there any support for Personal Web Server. You have to use Windows XP Professional. Should I get a free upgrade to XP Pro?? Of course not. I didn't check it out and assumed that PWS was still supported, found out otherwise, and drove my ass down to the store to purchase the upgrade. DONE! No Whining, *****ing, or Crying like a schoolgirl about it. I was the dumbass that didn't look into it, therefore I pay the price. Just as you should.



    "Better to be hated for what you are, than loved for what you are not." -gide

  4. #24
    Moderator
    The Minister of No Crap

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    gorlick,

    I don't think your car analogy works in this situation. Cars have a depreciation factor that's involved. They wear and tear and aren't as good as they were a year ago. This doesn't happen to software. Its still the same functioning program it was when it was first bought.

    I understand the point of saying Deedesigns should have looked into the matter from the start. And I do agree that its his fault for not doing so. And I also agree that MM and Adobe shouldn't just give him what he wants because he "didn't understand".

    But I completely disagree with the policy itself. Forget Deedesigns and any other student who can't upgrade their educational versions to commercial versions. I think what's important here is the fact that Adobe and MM doesn't support this.

    I think it does two things:
    1. Put a strain on newly graduated students
    2. Encourages piracy

    I know that is not Macromedia's or Adobe's intentions, but I think that's what will be the most common result. I think it would benefit students and the companies to see the policy changed.

    What do you think?

    -scott

  5. #25
    Moderator
    The Minister of No Crap

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    Re: Come one people ! ! Wake up...

    Originally posted by gorlik
    And just last week I was in a semi similar situation... whereas I purchase a new computer with Windows XP Home Edition and had no idea that it didn't support IIS, nor is there any support for Personal Web Server. You have to use Windows XP Professional. Should I get a free upgrade to XP Pro?? Of course not. I didn't check it out and assumed that PWS was still supported, found out otherwise, and drove my ass down to the store to purchase the upgrade. DONE! No Whining, *****ing, or Crying like a schoolgirl about it. I was the dumbass that didn't look into it, therefore I pay the price. Just as you should.


    This actually helps prove my point. You weren't forced to pay for a full version of XP Pro. You were able to buy an upgrade. That is all Deedesigns wants to do.

    -scott
    http://www.scottmanning.com/

  6. #26
    Climbing Nerd
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    I was able to purchase an upgrade because I purchased the full version to begin with....



  7. #27
    hmmmm
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    Originally posted by nocrapchurch
    gorlick,

    I understand the point of saying Deedesigns should have looked into the matter from the start. And I do agree that its his fault for not doing so. And I also agree that MM and Adobe shouldn't just give him what he wants because he "didn't understand".

    But I completely disagree with the policy itself. Forget Deedesigns and any other student who can't upgrade their educational versions to commercial versions. I think what's important here is the fact that Adobe and MM doesn't support this.

    I think it does two things:
    1. Put a strain on newly graduated students
    2. Encourages piracy

    I know that is not Macromedia's or Adobe's intentions, but I think that's what will be the most common result. I think it would benefit students and the companies to see the policy changed.

    What do you think?

    -scott
    I did look into from the start i checked out all the terms and conditions, read them 5 times just to make sure what i was getting, the only product that say you may not upgrade is the web design studio, ok so that was £200 and to buy its £400+ and to upgrade each aplication is £400+ so their is no problem there, as Scott points out its not just about me its about Adobe and Macromedia dictating this policy, legally it might be fine to do this but its damn close to having a monopoly and morally its almost blackmail.

    I got this from a friend
    my friend
    i found this out two weeks ago... pretty annoying. education and
    promo copies (NFR) are non-upgradeable, and as soon as you open the box the
    software is yours - you have entered the license agreement.
    ffs the majority of supermarkets have loyality schemes, even other software companies have loyality schemes, why not these two?

    ps scott did you get my 2nd e-mail?


    [Edited by DeeDesigns on 05-16-2002 at 08:43 PM]

  8. #28
    Vote for your dog
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    Some Macromedia eddy versions CAN be upgraded to the NEXT commercial version.

    Q. Can I upgrade my education version products to full commercial versions?

    A. Only Macromedia Dreamweaver, Fireworks, Flash, FreeHand and UltraDev can be upgraded from previous education versions to full commercial versions. (You cannot upgrade from one education version to the next education version, or from a current education version to a current commercial version. Buying a full education version gives you a discount comparable to a commercial upgrade.)

    For all other products you must either purchase the full educational version or the full commercial version; no upgrades are available.
    and here's the link:
    http://www.macromedia.com/software/upgrade/index.html

    Orkar

  9. #29
    hmmmm
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    thanks a load

    i was supposed to attend a meeting with a panel today to discuss student/graduate new media course, job prospects, getting a rough deal with cre@te mazagine unfortunetly some problems did arise and i couldnt attend

    but i did get this email through from Macromedia

    marcomedia
    Dear Mr Davies,

    I was just forwarded your email this morning, I hope this has not caused you
    too much inconvenience. I have received a reply from our headoffice stating
    that there is no education to commercial upgrade for Director. If your
    require the commercial version, I'm afraid that you would have to purchase
    the full version.

    Mark Green in the Education department also mentioned a promotion that may
    be happening this summer for customers to upgrade the Web Design Studio to a
    commercial one. We do not have any definite information as yet but as you
    own the current version you will receive a mailer about it if it does
    happen.

    If you have any further queries, please do not hesitate to contact us
    again.

    Regards,
    Louise Andrée
    Macromedia Customer Service Europe
    Tel. +44 (0) 131 458 6766 (UK)
    Tel. +353 (0) 1 402 6811 (Ireland)
    that might be of some consolation but the main thing is director 8.5 i didnt really care about the web design studio as its pretty cheap in software terms anyway.

    but to buy director straight out is a lot of money

  10. #30
    hmmmm
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    final installment

    macromedia
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~
    Macromedia Studio MX is Now Available!

    Upgrade today for only £299 + VAT:
    http://www.macromedia.com/go/0602417a1uk-a
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~


    Adrian,

    As a registered owner of a previous Macromedia studio product,
    you can upgrade to the new Macromedia Studio MX for only
    £299 + VAT.

    Upgrade now at:
    http://www.macromedia.com/go/0602417a1uk-a


    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~
    Macromedia Studio MX
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~

    Macromedia Studio MX gives you a complete suite of tools
    for building everything from websites to Rich Internet
    Applications. Macromedia Studio MX includes:

    * Dreamweaver MX -- for building websites and web apps
    * Macromedia Flash MX -- for creating rich content and apps
    * Fireworks MX -- for designing and optimizing web graphics
    * FreeHand 10 -- for creating vector-based illustrations
    * ColdFusion MX, Developer Edition -- for building Rich
    Internet Apps (Windows only)

    Get Studio MX or any of the Macromedia MX products at:
    http://dynamic.macromedia.com/bin/MM/store/UK/home.jsp
    so i decide to email MM for confirmation

    me
    Dear Sir/Madam

    I received this e-mail this morning (please see attachment), does this
    mean
    that i can upgrade my web design studio 4 for education to a commercial
    version for web design studio MX?
    I am a little confused and there is not any information saying clear yes
    i
    can or no i can't, could you please confirm this in writing for me.

    yours Adrian Davies
    their response

    macromedia
    Dear Adrian

    Thank you for contacting Macromedia Customer Services.

    Further to my previous email, Macromedia headoffice have confirmed that
    there are no upgrades from the Student bundle. The price is already very
    low and as with other education product customers will be required to buy
    the full product (educational) again. There is an educational version of
    Studio MX that you can purchase if you wish.

    Please accept my apologies for any inconvenience the email send-out may have
    caused you. If you have any further queries, please do not hesitate to
    contact us
    again.

    Regards,
    Louise Andrée
    Macromedia Customer Service Europe
    Tel. +44 (0) 131 458 6766 (UK)
    Tel. +353 (0) 1 402 6811 (Ireland)






  11. #31
    Senior Member RazoRmedia's Avatar
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    Adrian, check your mail mate

  12. #32
    hmmmm
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    nothing in my inbox yet

    i see minor editing has occurred... i take it u sent me an email concerning that

  13. #33
    Senior Member RazoRmedia's Avatar
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    Originally posted by DeeDesigns
    nothing in my inbox yet

    i see minor editing has occurred... i take it u sent me an email concerning that
    yes, you should get it very soon

  14. #34
    Senior Member RazoRmedia's Avatar
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    your email address doesn't seem to be working, can u email me at boardroom@razormedia.co.uk

    cheers

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