Retaliation (?)
If it walks like a duck, quacks like a duck,...
On Monday, The Register reported on the story of Jim Giercyk, an amateur radio enthusiast who had his copy of the popular Ham Radio Deluxe (HRD) software revoked after posting a negative review. Since our story was published, a number of Reg readers, including Giercyk himself and HRD's makers, have followed up with us …
Fair enough and in this case it does look like they want to block all criticism. On the other hand you see a lot of on-line review along the lines of "this didn't work the way I thought it should so one star", or "this pencil sharpener won't pump my tyres up". I've seen pissed off individuals flood forums with fake complaints because they weren't happy with one thing or another.
I don't think de-activation is the way to solve this and I've got no way of knowing if the complaints are valid or not but I can understand that people working in support might get sick and tired of some of the crap they have to put up with.
"but I can understand that people working in support might get sick and tired of some of the crap they have to put up with."
Well, ah diddums for them. But revoking their access to things they paid for, and then extorting them afterwards, are crimes.
If I buy a car and post a negative review of it afterwards, and then the company disables it remotely and tells me to go fuck myself, what do you think their chances would be of winning the resulting court case? Software already gets a free ride from the courts, so maybe they'd be OK in this regard: the whole rubbish around mercantability, fitness for purpose, refunds, ownership, etc., needs to be extended to software as soon as possible.
They're not the first, nor will be the last to pull this. I know of a company (redacted industry by me to prevent libel lawsuits) that regularly pulls complaints off their forum and many of those who have complained suddenly find themselves without a warranty or support. Another one (similar products as above) went to forums where there were complaints and problems aired, and both the owner and CEO berated the user who raised issues.
So it's not uncommon. It does seem to be as common as ducks, however.
" I know of a company (redacted industry by me to prevent libel lawsuits) that regularly pulls complaints off their forum and many of those who have complained suddenly find themselves without a warranty or support. "
I'll name one in our own industry: ASUS
They shut down their entire forums section after escalating complaints about the quality of video card firmware, rather than address quite valid customer complaints.
It's one reason I will never buy anything from them again. Nice products, but too bad if anything goes wrong with them.
http://forums.qrz.com/index.php?attachments/hrd-software-inc-pdf.336462/
quoting a post in slashdot:
"From the ticket you can see an employee was answering the ticket at first, but then "Rick" took over, who appears to be "Rick Ruhl", a co-owner of HRD software, and throws gems like this to the stunned customer:
You are not buying software, you are buying your callsign's access to the software. ...
Again refer to section 8 of the TOS, which was written by our Attorney. ...
See you in court.
Unbelievable!"
Where section 8 says:
8. We reserve the right to refuse service and disable a customer’s key at any time for any reason
A few people have stepped in and started analysing the contract. it's internally inconsistent and it's clear that no competent lawyer has been anywhere near it.
just gets on my wick.
Ham radio operators aren't always sat in their sheds you know.
Back in the day, I had a rig in my car.
Now how would I use HRD's software if it can't phone home whenever it is started up?
The software seems to be very average indeed. Go on HRD blacklist me. I dare you.
IMHO, HRD are making the real HRD name look bad. https://en.wikipedia.org/wiki/HRD_Motorcycles
As such, they deserve all they get.
And never had any trouble with the current regime. That's because I use the original, free, version by Simon Brown. He invented it and owned it until he sold the software to this lot that owns it now.
Any hams who are having trouble with the new regime or software can freely download and use the last free version of the program, version 5.24. Just google "ham radio deluxe version 5 download." It may or may not have all the bells and whistles in the newer (paid) version, but it works perfectly for me, controlling my radio, providing a great logbook, a very good digital comms package, fully customizable "favorites" and many other useful features. Unfortunately it requires Windows, but runs very well in VirtualBox with Windows 7.
However Linux Mint will run all the stuff in Shackbox and has likely better support.
Works well with Mate Desktop and Redmond Theme. WINE for some old Ham applications with no Linux equivalents. Also I have XP with no WAN /Internet in a Virtual machine on Linux, which is the recommended method by MS (it's what XP Mode on Win7 / 8 /10 is!).
"the blocking mechanism is sometimes used to disable copies of the software once the buyer has asked for a refund. Thus, we're told, it is difficult for HRD Software to know exactly how many keys have been cancelled for legit reasons or out of retaliation"
They can't match up refunds with keys blocked because of them? Really?
You're right, and I know nothing about radio. It's total bullshit. They must think the amount of people that understand radio is <= to people who understand databases...they're in for a world of hurt.
If it wasn't possible, how do they file taxes? "Uhhh, I think we have 1000 active customers to claim this year...uhhh..." Right, sure, if that's not a flag for an audit, what is? If they take your money, blacklist you over a review, with no refund, then claim the sale on taxes...boy, there's all kinds of fucked in that. Someone needs to seize their DB quick before they have an "accident" and lose all records.
There's always the possibility that HRD don't understand databases, and that their blacklist is literally that, a list of license keys they don't want to allow any more.
Basically what I'm saying it, they might not be being deliberately malicious in this case, they might just be incompetent.
"Carper also rejected the suggestion that HRD is blocking customers based on the individual's callsign, maintaining that blocks are only based on registration keys"
Except they did. Their licensing server literally took input as your callsign and spit back a response of "Valid", "Unknown", or "Blacklisted" as an additional check beyond a license key.
Also, their licence "terms" posted in Giercyk's support chatlog include the pirceless clauses:
We reserve the right to refuse service and disable a customer’s key at any time for any reason
HRD Software, LLC shall not be liable to You or any other party for any amount whatsoever
IANAL, but I'd hoper that fails to meet the minimal criteria of a legal contract: it sounds more like buying a lottery ticket that a commercial transaction.
Bloody naughty to disable active, paid for, deployments in retaliation for open criticism. That crap about it being impossible to say how many were "wrongful" deactivations, as some or many may have been genuine cancellations and refunds. Surely you have records of those cancellations and refunds? Your accountant would insist on that, surely? Then you take the number of cancellations and refunds from the total number of deactivations over the same period and you have your wrongful number of deactivations. Your accountant could probably explain that to you, too.
The company support agents need to actively engage with the customer, and hopefully resolve the problem, logging what they do. If a company is logging things properly, then a quick review of the logs should show if there is a problem with a particular package, and if necessary, the logs can be bought to the attention of the developer. I've had this happen to me. When I logged a problem with Apple Remote Desktop on Apple's support forums, the bot noticed a pattern and notified the development team, who actually got in touch to discuss the problem. Result: One fixed problem and one very happy customer.
A lot of companies don't do this. A lot of companies, at best, fob you off by directing you to a support person reading off a script.
That said, I think some consumers need to do more to help themselves. I've done support for years (not usually phone based, but I do sometimes). Some consumers don't describe the problem beyond saying "it doesn't work", then moaning they just want it fixed when the poor support person actually tries to take them through a diagnostic process. Some consumers don't even get that far. They just download an app, find it doesn't work, then post a review on line saying "it doesn't work. It's shit".
But if you sell it to greedy idiots, they may well leave in a hurry. Thinking about Mindspring, after it was sold to Earthlink. ISP with best service reputation sold to ISP with worst service reputation. Guess how that turned out.
HRD told us some of those users could have written their assessments after requesting a refund and deactivating their software, thus their licenses will appear revoked.
Appear revoked?
Ha!
And how would anyone other than the purchaser or HRD know if a licence is revoked?
I'll believe the purchasers as to when the key was revoked.
It's probably about time this got enough publicity to start a total boycott of the company.
Hopefully we can get it to where nobody will buy from HRD and anything else associated with the current owner of the company going forward.
I wonder how many people understood BEFORE they purchased the software that it would require an internet connection and a check back with the company and seeing if you were on their good list before it would run? Seems pretty stupid for radio communication software which at some point you may be using specifically because you don't have internet connectivity.
It would be great if HRD could crash and burn bad enough that investors in other companies put a little note on their flow chart of extracting maximum cash that reads... Upset your customers too much = Bankrupt = no vacation house payments.
One can only hope.
You point about internet connectivity is VERY valid. I am involved in emergency communications (EMCOMMS) and use HRD (version 5) on a laptop in the field to control a radio in a portable station I built and can take anywhere (has it's own power supply, etc). If I had to have Internet connectivity to use the software (which I don't with the older version), it would be totally useless for EMCOMMS because a basic principle of EMCOMMS is you need to be able to work without *ANY* other infrastructure. Software that requires an Internet connection would be a total non-starter for EMCOMMS.
Rig / logging software of ANY kind that requires an internet connection is a failure. Not fit for purpose.
Most of the time Amateur Radio is just a bit of fun. But when there is a major disaster, traditionally it works maybe within hours or minutes, even if Government takes a week (see USA Katrina disaster and consider how much more important it is in less developed world).
The ONLY software I want connecting to the Internet is stuff that actually USES the internet, such as VOIP, IRC, IM, eMail, file transfer, web browsing etc.
Microsoft, Adobe etc are now evil with their so called Cloud Subscriptions for things that ought to work without Internet. It's (a) a rip-off, (b) an extra failure mode.
Internet based licence dongles should be illegal. Supply a USB dongle if you are not content to use normal licence key software, but licence validation via internet is evil.
"Supply a USB dongle if you are not content to use normal licence key software, but licence validation via internet is evil."
Some professional (read: VERY expensive) software used to do that. Every time, someone reverse-engineered the dongles. Anything physical can be hacked and broken, so dongles are not an option, nor is trust when the software is professional-grade and VERY expensive.
If the issue is with second line support as noted, my bet is second line are actually the dev[s].
I'm not a developer, but have worked with and for small and large dev teams/co.s and sorry, but some of them really can't take any criticism of their baby.
Which is a shame, because the rest of us have to suffer. Personally I blame lack of testers.
And the worst culprits for not taking critique of their product are those that think they've "tested" it and therefore it must be OK.
I'm not a developer, but have worked with and for small and large dev teams/co.s and sorry, but some of them really can't take any criticism of their baby.
In which case a small company like theirs should have kept those people off support duties. That said, I have the impression that this sort of blackmail is the company's modus operandi as it emerges to be more than just a one-off event, in which case I would not buy from them.
What's more, an agreement that makes you agree to deactivation without notice or repayment is IMHO insane - if I found that in the terms I would certainly not buy it.
" HRD would not communicate and hurled racial abuse at me. I had to make a complaint to PayPal to get a refund."
Erm, you should notify Paypal (and other payment handlers) about the racial abuse.
Paypal's policies about such things are clear. HRD would find themselves looking for other payment handlers.
If they disable a product you've paid for and then offer to re-enable that once you have retracted your negative review, then that is clearly an extortion attempt, which is punishable by up to 5 years according to German criminal law. I assume it's the same in other countries.
Oh, and that "it was a mistake" excuse plus two quid still won't buy you anything in court. To quote germany law (§253 (3) StGB): "The attempt is punishable."
Finally, that "we may revoke your licence whenever we see fit" clause is simply void in german law. I hop it's the same in the US and UK.
Finally, that "we may revoke your licence whenever we see fit" clause is simply void in german law. I hop it's the same in the US and UK.
If I recall correctly, in the UK there is such a thing as unfair contract terms which renders them invalid. It makes me wonder what your remedy would be if they cut you off regardless, though.
That said, the extortion aspect is a find because the email correspondence makes that actually provable. It could prove quite entertaining to punt that one into law enforcement - as it's criminal law it'll be your tax dollars at work..
"If I recall correctly, in the UK there is such a thing as unfair contract terms which renders them invalid. It makes me wonder what your remedy would be if they cut you off regardless, though."
If the court strikes out part of the contract and they enforce it anyway, then they are either breaking the contract, in which case standard contract law of compensation and restitution applies, or a particularly animated judge might suggest contempt of court as appropriate.
Unless the contract contains severablity clauses then an illegal section renders the ENTIRE contract void.
For egrarious violations the court may strike out the entire contract in any case - and the wild inconsistencies within the contract's sections (in one part saying that changes may only be made with both parties' agreement and another saying HRD may change things unilaterally) means that any competent contract lawyer would fairly easily have the entire thing torn up for ALL customers and dumped on HRD's head.
"For egrarious violations the court may strike out the entire contract in any case - and the wild inconsistencies within the contract's sections (in one part saying that changes may only be made with both parties' agreement and another saying HRD may change things unilaterally) means that any competent contract lawyer would fairly easily have the entire thing torn up for ALL customers and dumped on HRD's head."
But again, the contract IS enforceable on the seller's home soil, on which the seller resides, the seller's country has sovereignty, AND there's no treaty that compels the home country to comply with the complainants' demands. How would they go about forcing the issue when sovereignty is in the way?
"That said, the extortion aspect is a find because the email correspondence makes that actually provable. It could prove quite entertaining to punt that one into law enforcement - as it's criminal law it'll be your tax dollars at work.."
Unless they don't have a German presence, making the law unenforceable because the Germans can't compel someone on their home soil with their own sovereignty and no enforceable treaty to follow their law.
I have no problem (well, yes, I do, quite a big one) with their clause that states they have the option of disabling the software at any time and for any reason, PROVIDED that a full refund is issued when that action is taken.
Otherwise, it's quite a large gamble, isn't it? Why would you pay for something that could stop working at the whim of the (apparently overly sensitive to criticism) provider?
// Trump Software?