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[Ghost In The Attic]

Originally Posted by Bill Denton

Can you think of a situation where Avid could violate the EULA?

No, because it is so vague and almost nonexistent.

But, I can think of a scenario where Avid could get sued because it is so vague and almost nonexistent. But, that scenario would depend heavily on Avid's actions going forward. It is too soon to tell what will happen and I would only be speculating.

[Bill Denton]

Originally Posted by ghostwriter

No, because it is so vague and almost nonexistent.

But, I can think of a scenario where Avid could get sued because it is so vague and almost nonexistent. But, that scenario would depend heavily on Avid's actions going forward. It is too soon to tell what will happen and I would only be speculating.

May I suggest you take a look at the EULAs from other developers, such as Microsoft...they are all the same.

I'm sure a few lawyers have made abortive attempts to sue a developer over their EULA...and the suits were dismissed before they even really got into court.

In the US, you have to demonstrate "harm" in order to sue. So if you try to sue, it's going to go down like this...

Judge: What did you purchase? Plaintiff: A license to use a product.

Judge: Did the licensor attempt to prevent you from using the product in accordance with the license terms? Plaintiff: No.

Judge: You were not harmed...case dismissed...Buh, bye...

As with so many other things, it comes down to caveat emptor.

Is the license fair? To me it is, but then again, I've made a nice chunk of change writing software. But I can see how others might see it as unfair.

The only successful challenges I have seen to a EULA have been in Europe, and even then it had nothing to do with the EULA per se...it just had to do with the "shrink wrap" issue...you could not readily read the license prior to purchase.

It's not always easy to do, but you have to "put the service plan over here", and "put the EULA over there" when you look at the situation.

If Avid fails to deliver on the two promised upgrades, is it a violation of the EULA? No, it's a violation of the "sales agreement" for the service plan. Are you entitled to any damages? Whatever you paid for the service plan, at most.

I can understand why a lot of folks here are upset...they want to make music, not dick around with a bunch of legal crap.

But there's really not much a "user" can do about it other than reevaluate their options...

[ronwasserman]

What they have now means nothing. All they'd have to do it update their terms which you'd have to agree to before proceeding to your avid account... like Apple does, like Facebook does, like Linkedin does, like..........

Being devils advocate here. There is no sense debating the existing terms.

[Bill Denton]

The support plans terms are at the bottom of this page...that is what you are purchasing...that is all that is needed...

http://www.avid.com/US/products/pro-...ware#licensing

@ronwasserman...there are no terms to agree to in the service plan.

@no particular person...

Go to Best Buy or wherever and buy an "extended service plan" for your washing machine. Before you buy, ask the salesperson what is included in the plan. They will show you a document very similar to what is shown at the bottom of the web page I referenced. When you hand over the money, they will typically give you a shiny cardboard folder that will not fit in any file drawer known to man...the folder will contain a document similar to the one you saw before purchasing the plan. There will probably be something in the document regarding dispute resolution and stuff like that, but that's it.

There will not be any license, nothing to "accept" before your washer will run...just a document that says they will come out and fix or replace your washer.

For some reason unknown to me, a lot of folks are overcomplicating what is actually something very simple. But then again, some folks here have managed to turn "flexible license options" into a "flexi license".

So, again...

You buy a service plan, with terms as I linked to above. There is no license involved with the service plan.

The service plan will include a license for Pro Tools, valid for the term of the service plan. A sample of Avid's EULA can be downloaded here: http://www.avid.com/US/products/pro-...ware#licensing (the English version starts on page 50). The actual EULA is displayed when you install the software...you must click something to accept the license, or you can reject it and get a refund of the purchase price.

@ronwasserman...This is where you do the "click" you referred to.

That is it...that is all...c'est fini!

@ghostwriter...if you feel something else is needed, please post it here and if I can't address it myself I will try to find the answer(s) for you.

@everyone...if I'm a little bit brusque in this post I apologize, I'm writing in a hurry...it's Thanksgiving leftovers night at my ex-wife's house, which will be followed by giving me still more leftovers, enough so I won't have to buy food until New Years (the turkey she bought is so damn big that even dead it scared me)...don't want to be late for that!