PT12 and advertised features

[ShiftStudios]

Good evening,

As we quickly approach the end of the year with no announcement in sight on when the new features will be release. In fact, last I heard VIP of design quit and there are legalities around collaboration that the MPAA are jumping on. So I don't see it making it out by December, when annual support plans and free upgrades start expiring for many. My question is, where do I get the form from AVID to claim a refund, as I'm entitled to in Australia when a product that I bought wasn't delivered as advertised within a reasonable timeframe (I think 12 months is a more than reasonable time to wait).

Up until the day of release, 12 was advertised with cloud collab, track freeze. Neither of these are yet available, and I cannot find an announcement as to when they will be. Legally speaking, as AVID do business in Australia, they need to provide these features in the product, and do so within a reasonable time, or I am legally entitled to a full refund for my purchase as AVID failed to deliver on their end of a legally binding sales agreement. Most people would have expected at least release timeframe updates, but you haven't even delivered on that.

So AVID, where can I download my refund form? Better make it public, because it will start happening soon with many of your Australian customers. People will take the opportunity to recoup costs where they can, and you're getting dangerously close to that point now...

~ShiftStudios

[musicman691]

Good luck getting a refund. According to the EULA once s/w is installed it's no longer returnable. Country laws don't enter into it.

[nige108]

Something needs to happen. I'm in Australia too, and purchased 12 on the back of the collaboration feature so I can collaborate with friends in the UK. This has disappointed me big style.

[ShiftStudios]

If only it were that easy musicianman691. Australian law cannot be overridden by company or local law. When it comes to Australian Federal law, I am protected as a consumer. As AVID sells their product here (either by distributors or online), they are bound by said laws. Just saying "But our EULA says" will not get them out of their legally binding obligations when doing business in Australia.

This always seems to be a common misconception with foreign companies taking money from citizens in Australia. That somehow their EULA's and company policies override local Federal Law. However, they don't. So again, I ask, Marianna, Jeffro, can someone please tell me either when I'm getting Cloud Collab/Track Freeze, or when I can download a refund form? We're getting dangerously close to the end of the support period for many people who jumped on board when those features were advertised, and still those features have not been released.

Are we not getting them? Can you just come clean then and say it?

Cheers,
~ShiftStudios

[imwaltraud]

Originally Posted by musicman691

Good luck getting a refund. According to the EULA once s/w is installed it's no longer returnable. Country laws don't enter into it.

I am sorry but this is simply not true. Many US companies might think that their EULAs are above the law but even Microsoft had to learn that if you do sell your product in e.g. Germany then you have to stick to local law. And if your EULA or part of your EULA violates local law then all of the EULA or part of it are simply invaid and are not applied.

http://www.computerworld.co.nz/artic...nst_microsoft/

[musicman691]

Originally Posted by imwaltraud

I am sorry but this is simply not true. Many US companies might think that their EULAs are above the law but even Microsoft had to learn that if you do sell your product in e.g. Germany then you have to stick to local law. And if your EULA or part of your EULA violates local law then all of the EULA or part of it are simply invaid and are not applied.

http://www.computerworld.co.nz/artic...nst_microsoft/

The case you cite only holds in Germany and it was 15 years ago; times change and even that article said they didn't really know what would happen with other countries. And companies have gotten a lot better in the intervening years on writing their EULA's.

Like I said originally - good luck getting a refund back from Avid. I'm the last one to defend Avid but have to give them their due - they never said these features would be in the initial release of what was called at the time the next version of PT. Companies have changed over the years with their s/w development into what's called agile development which allows drips and dribbles of features being implemented. Would it have been great to have everything available and working on day one? Hell yes!

People that jumped in early on the upgrade bandwagon have no one to blame but themselves. .zero releases are never really stable plus Avid gave until the end of 2015 to sign up for the upgrade. Some people like to live on the bleeding edge but those that do are bound to be cut by that edge. Not me.

[nige108]

Originally Posted by musicman691

People that jumped in early on the upgrade bandwagon have no one to blame but themselves. .zero releases are never really stable plus Avid gave until the end of 2015 to sign up for the upgrade. Some people like to live on the bleeding edge but those that do are bound to be cut by that edge. Not me.

I don't think that's a fair statement. Avid takes people's hard earned money by enticing them with the promise of new features. 8 months in and those features are still not implemented and you say the consumer is to blame? If I ran my business like that I would be in court.

[DigiTechSupt]

Originally Posted by ShiftStudios

Good evening,

As we quickly approach the end of the year with no announcement in sight on when the new features will be release. In fact, last I heard VIP of design quit and there are legalities around collaboration that the MPAA are jumping on. So I don't see it making it out by December, when annual support plans and free upgrades start expiring for many. My question is, where do I get the form from AVID to claim a refund, as I'm entitled to in Australia when a product that I bought wasn't delivered as advertised within a reasonable timeframe (I think 12 months is a more than reasonable time to wait).

Up until the day of release, 12 was advertised with cloud collab, track freeze. Neither of these are yet available, and I cannot find an announcement as to when they will be. Legally speaking, as AVID do business in Australia, they need to provide these features in the product, and do so within a reasonable time, or I am legally entitled to a full refund for my purchase as AVID failed to deliver on their end of a legally binding sales agreement. Most people would have expected at least release timeframe updates, but you haven't even delivered on that.

So AVID, where can I download my refund form? Better make it public, because it will start happening soon with many of your Australian customers. People will take the opportunity to recoup costs where they can, and you're getting dangerously close to that point now...

~ShiftStudios

Hi ShiftStudios,

Let me see what I can do to help you with your concern. Let me create a case for your concern and will forward it to the right department.

Best Regards,

YD

[lachlan]

Originally Posted by ShiftStudios

Good evening,

As we quickly approach the end of the year with no announcement in sight on when the new features will be release. In fact, last I heard VIP of design quit and there are legalities around collaboration that the MPAA are jumping on. So I don't see it making it out by December, when annual support plans and free upgrades start expiring for many. My question is, where do I get the form from AVID to claim a refund, as I'm entitled to in Australia when a product that I bought wasn't delivered as advertised within a reasonable timeframe (I think 12 months is a more than reasonable time to wait).

Up until the day of release, 12 was advertised with cloud collab, track freeze. Neither of these are yet available, and I cannot find an announcement as to when they will be. Legally speaking, as AVID do business in Australia, they need to provide these features in the product, and do so within a reasonable time, or I am legally entitled to a full refund for my purchase as AVID failed to deliver on their end of a legally binding sales agreement. Most people would have expected at least release timeframe updates, but you haven't even delivered on that.

So AVID, where can I download my refund form? Better make it public, because it will start happening soon with many of your Australian customers. People will take the opportunity to recoup costs where they can, and you're getting dangerously close to that point now...

~ShiftStudios

Go hard at them ShiftStudios. Get some legal advice. It would be great to see AVID taken to task for violating country laws and it would be fantastic to see the immoral EULA overridden. If you can set a precedent, then it might make other dubious software companies lift their standards.
Congratulations on being brave enough to defy their delinquency.

[EdwardG]

Originally Posted by musicman691

they never said these features would be in the initial release of what was called at the time the next version of PT..

Yes, they said it. Not in the initial release but that they will come in 2015,
they said "upgrade now and get the new features coming in 2015..."
those features are track freeze, collaboration, and more (as they said)
and actually those were for buying 11 not even 12!!!
well lets hope they arrive before 2015 is over...