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  • Umberto
  • Member Since Feb 24th, 2008
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Does this really come as any surprise? I'm sure Apple will require some type of review process, most probably source code, in order that the powers that be can do their best to keep malware and buggy software off their platform. Of course they'll be exercising some control over the process. I also don't find it to be any surprise that the apps will be loaded through iTunes.
Here's the bottom line for everyone who participated in the MacHeist bundle. We made our payment to MacHeist in exchange for certain goods, and we therefore have a contract with MacHeist. The contract is that we will receive the promised goods in exchange for our payment. Did we get, in full, those goods we were promised in exchange for our payment? No, we did not. Were Yazsoft not offering free upgrades to anyone, and charging all users for the upgrade to version 5 of Speed Download, then this issue would not exist. It's irrelevant to us, the end consumer, how professionally or unprofessionally the agreement was handled between MacHeist and Yazsoft. When MacHeist asked Yazsoft if they wanted to participate, the first thing Yazsoft should have done was to request a contract for their attorneys to review. If they didn't do that, that is neither your problem nor mine. If MacHeist doesn't clearly spell out in writing to the developers the responsibilities of the developers in exchange for participation, that, again, is neither your problem nor mine. It is up to MacHeist to handle this issue with Yazsoft, neither you nor me. Neither MacHeist nor Yazsoft has the right to claim they didn't understand the terms those parties were agreeing to and then shift the burden to us when there is a misunderstanding. The disagreements are between Yazsoft and MacHeist and between MacHeist and the purchasers of the MacHeist bundle. So we have two issues, both caused by a lack of a written contract between Yazsoft and MacHeist, and those two parties share responsibility equally. The first issue is the disagreement between Yazsoft and MacHeist. The second issue is between MacHeist and the purchasers of the MacHeist bundle. We paid for certain goods and those goods were not delivered in full. If you paid by credit card, then you have the option, which I will be exercising, in cancelling that payment with my credit card company for lack of receiving the goods promised by MacHeist. In the event that MacHeist is able to make good on their full promises, which at this point requires a free upgrade to version 5 of Speed Download as is provided to every other owner of Speed Download, then I will be more than happy to make payment back to MacHeist, as they will then have fulfilled their end of the bargain. If they cannot fulfill complete delivery of goods simply because they did not take care to have written agreements which they can enforce, then they will not receive my payment. If they lose money, then I feel pretty confident that if they choose to have another MacHeist bundle in the future, they'll take the proper measures to have contracts with all participating developers to make sure this type of 'confusion' never happens again. That is the only way to force the issue. This attempted 'shifting of responsibility' to the consumer happens all the time, and companies always expect that the comsumer will be willing to pay the price for their mistakes. If MacHeist doesn't have a contract spelling out the developer responsibilities and the recourses available to MacHeist should a developer not fulfill those responsibilities, then MacHeist screwed up on their part and they should deal with the angst and burden of their screw up. If Yazsoft agreed to participate without insisting on a contract to review, then they screwed up, and they should deal with the burden for their screwing up. But for both MacHeist and Yazsoft to expect the end consumer to simply bend over and take it in the rear end is nothing more than saying "we screwed up, but we're not going to take the responsibility for it", and that is unacceptable. We, the end-consumers, did our part, and if we did not receive the COMPLETE goods for which we made our payment, then we have the same recourse we always have when making a credit card purchase and not receiving the goods. Cancel the payment with your credit card company, and leave it up to MacHeist to determine whether or not they are willing to, and are able to, fulfill their part of the agreement with the end consumers as promised. You can be sure that if their feet are held to the fire, next time everything will be handled professionally as it should have been this time. No excuses.
Let the hive mind of Engadget get that for you.
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