posted on February 15, 2001 06:47:53 PM new
I have been selling on Ebay for 3 years, I am seeing that they are getting far to greedy for me. I have loved to be able to sell my merchandise, and move it. But with all their new fees and features, you need to watch out, as they can really add up for one item. This has gone too far with the Blackthorne. I thought when they bought them out it was to help the members get their pictures on, and to beautify their site ! MISTAKE, more GREEDBAY at work. I am afraid we have helped them to get to, big to fight, but I am not giving in. Contact your Attorney General in your state, I did, and they are working on it as we speak. Consumer Protection is also at the wheel. Email Ebay daily, and complain, even twice a day, lets all work together ! Lois
posted on February 15, 2001 10:46:11 PM new
First of all let me say... I am as unhappy about the pending changes to the way Auction Assistant will be marketed in the near future as the rest of you... I got my first copy of Auction Assistant when John Slocum was selling it on ebay... But I think everyone is missing an important point... When you "pay" for Blackthorne's Auction Assistant.... You are not buying the software... you are buying a "License" to use the software. Blackthorne Software retains ownership of the software. This is clearly stated in their license agreement. I have included a copy of it for discussion... I will also note that this is a pretty standard license agreement... Most software that you "buy" today has this type of Legal-ease...
License Agreement
User License Agreement for Blackthorne Software
Before using this software, you must read and agree to this licensing agreement. If you disagree with any part, you will not be allowed to run the software, and you may return it for a full refund.
This user license agreement (the AGREEMENT) is an agreement between you (individual or single entity) and BLACKTHORNE SOFTWARE, for the BLACKTHORNE SOFTWARE (the SOFTWARE) that is accompanying this AGREEMENT.
The SOFTWARE is the property of BLACKTHORNE SOFTWARE and is protected by copyright laws and international copyright treaties. The SOFTWARE is not sold, it is licensed.
By purchasing this software, you are hereby granted one (1) licensed copy.
LICENSED VERSION
The LICENSED VERSION means an original fully working version of the SOFTWARE. If you accept the terms and conditions of this AGREEMENT, you have certain rights and obligations as follow:
YOU MAY:
1. Install and use one copy of the SOFTWARE on a single computer.
2. Install a second copy of the SOFTWARE on a second computer only
if you are the main user of this computer (home computer or laptop for
example).
3. Install the SOFTWARE on another computer only if you change your main
workstation. In such a case you must uninstall the software from the
old computer.
4. Make a single (1) copy of the SOFTWARE for archival purposes only.
YOU MAY NOT:
1. Copy and distribute the SOFTWARE or any portion of it.
2. Sublicense, rent, lease or transfer your personal license.
3. Sublicense, rent or lease the SOFTWARE or any portion of it.
4. Decompile, disassemble, reverse engineer or modify the SOFTWARE or any
portion of it.
5. Copy the documentation accompanying the SOFTWARE.
DISCLAIMER OF DAMAGES
The SOFTWARE is supplied "AS IS". In no event shall BLACKTHORNE SOFTWARE be liable for any damages whatsoever (including, with limitation, damages for loss of business profits, business interruption, or other pecuniary loss) arising out of the use or inability of this BLACKTHORNE SOFTWARE product, even if BLACKTHORNE has been advised of such damages. The user must assume the entire risk of using the SOFTWARE.
TERMINATION
Either party may terminate this Agreement immediately in the event of default by the other party. Upon any termination of this Agreement, you shall immediately discontinue the use of the Software and shall within ten (10) days return to BLACKTHORNE SOFTWARE all copies of the Software. You may also terminate this Agreement at any time by destroying the Software and Documentation and all copies thereof.
Your obligations to pay accrued charges and fees shall survive any termination of this Agreement.
WARRANTY DISCLAIMER
The software programs are provided "AS-IS", without warranty of any kind, either expressed or implied. The entire risk as to the performance of the programs is with the purchaser. BLACKTHORNE SOFTWARE does not warrant that the operation of the program will be uninterrupted or error-free. BLACKTHORNE SOFTWARE assumes no responsibility or liability of any kind for errors in the programs or documentation, of/for the consequences of any such errors.
posted on February 16, 2001 11:16:42 AM new
We received a TOTAL SCREW JOB on this affair. Personally, I feel that the AA Pro BUYERS got an even more royal shafting than someone like myself. I purchased the Classic at $60, but they (the Pro users) shelled out $200 or more and their future RENTAL plan has an even 'longer shaft'.
Purchasing the LICENSE and not the actual SOFTWARE is only a legal point to prevent re-selling the software, it does not make the total purchasing matter any less of a legally binding contract for either party. Semantics aside, we purchased the RIGHTS to use the software. Period. Within the program, under the HELP tab, click on ABOUT and the last part of the displayed screen reads:
"Registered users receive a registration code which will make this evaluation copy fully functional. Registration also includes Technical Support and free Intermediate and Minor level upgrades,"
That is exactly how it reads, even the comma at the end instead of a period. NO WHERE will you find mention of a time period. It is not that we are taking advantage of a 'forgotten' piece of info that the writer meant to include - many of the AA2 purchasers will confirm that UNLIMITED TIME or LIFETIME upgrades were promised. The promises were made in e-mails (long ago deleted) or telephone conversations.
That part concerning FULLY FUNCTIONAL is a real kick in the butt also. Functional doesn't necessarily mean usable for any particular task. As long as it opens and accepts your data, it is functional - ain't legalese FUN? In fact the actual license states that no warranty of use or fitness for any purpose, expressed or implied (written or suggested), is given.
On the other hand, if it truly isn't intended to perform any specific task BUT, it is advertised as capable of managing your auctions, isn't that a case of false advertising? Maybe, but you know how courts are not prone to use common sense, right?
Another posting I read concerned whether eBay has any obligations under this matter, due to Blackthorne being bought & paid for (in more ways than one, evidently). Most obligations of business concerns are passed to the purchaser, the assignee. They usually can't squirm out of those obligations. BUT, eBay already owned Blackthorne when I purchased my software license. There is a big list of us in that category! So, either eBay is responsible from DAY ONE (of buy out) or Blackthorne is still a business entity and still obligated by its agreements. They can't have it both ways.
So, if these points are made in a matter of litigation, it MIGHT call for a refund of money paid. But that would only be after a very long court battle and that does none of us any good right now!
Me? I'm looking at software packages that actually do more than even the new SA Pro. And one such package does it for less-than-2-Jacksons(total cost forever)...and they guarantee lifetime support or a FREE upgrade...and all this is in writing! I'm writing in this fashion because I don't want AW to think I'm advertising any particular program - I'm just saying to plan ahead, but start NOW.
You need to start ASAP because if eBay changes just one single variable on any of the pages AA2 uses, the program will "break". That is the point at which John S. will provide no more help. The actual answers to some specific questions regarding WHEN to expect trouble can be found on the Blackthorne board, under "ebay", then under "Complaining Can ....". At least it was there yesterday <shaking my head>. I'm not saying you will find truly specific answers <head shaking & eyes rolling>, but it may help you.
Concerning that 'variable change' scenario: Please read John S.'s answer, if it is still there, so you will get a 'feel' for how much more effort he will extend to us. Then, read this: variable changes can be implemented within our programs with hardly any effort. Bear in mind that Blackthorne has an 'inside source' to changes before they even happen. If there are any C++ or VB programmers reading this, please comment on how easy or difficult it would be for the original programmer to change a variable or two in his/her program. I've already been told the answer by a knowledgeable programmer, but your postings will "inform the masses"
Sorry about the length of this posting, but believe it or not, I got a LOT to say and this IS the condensed version!
posted on February 16, 2001 11:23:35 AM new
just ventured into quickbooks 6 or 2000 for a try at ebay accounting, database mgmt.
some cutting and pasting
your ebay sold items list goes into the todo list
item your selling gets into a category/non inventory list
when customer pays--customer information goes into customer section
invoicing follows--straigt forward
mailing labels can be printed on 24 pin printer but the labels have to be formated
to the printer and the label
after sending item out this item on the todo list becomes inactive and only shows up in reports
easy to use about a day in learing how to use quickbooks.
end the frustration with these canned and useless programs that control you
you want to control the software
posted on February 16, 2001 07:37:10 PM new
mballai, you said if you ever decide to upgrade it. I think that all of us would expect to pay if we decided to upgrade. How would you feel if eBay sent you a letter tomorrow saying that they are fixing their site so your homemade software won't work after the next two weeks, but never fear eBay is going to rent you software for $200.00 a year? Well don't be surprised if
a year from now, they fix things so that you have to use their software for a fee or else
you have to go to the listing pages & list each auction one by one. If that happens you will still be ahead of the Auction Assistant users that paid from $50.00 to $200.00 for the license to use it. One person said they just bought theirs 6 weeks ago for $200.00. Now, they are expected to cough up next years rent of $200.00. You also have to understand that eBay will probably raise the rent double or more each year as long as anyone pays it.
posted on February 16, 2001 08:14:33 PM new
The rumor already is" that in a year you won't be able to use ANY other software on Ebay." It all will belong to them. I won't be surprised with their greed, it was a resonable way to sell, now its getting close to charging the same as the Antique Malls. The consumer protection bureau here in Washington posted my email complaint to them on their site, so should get Ebay alot of attention. Lois
posted on February 16, 2001 08:19:59 PM new
paladin1960 & all Auction Assistant Users, please go into your Help Topics on Auction Assistant. Go down until you get to "Quick Setup". Read it.
