Quote:
|
Originally Posted by IniCom
First, the threat of a class action lawsuit doesn't hold much given several factors. The purpose of the fee for ioFTPD was originally to support the project and the people who wrote scripts for it (the scripter's pool). When ioFTPD came under iniCom control, we carried the same pricing structure over with the same intent. Even at its highest sales point, the $10-$25 for ioFTPD didn't cover a full-time developer which is why D1 needed us to support the project.
When a license is purchased, users are given access to the beta product with the incentive that when (ok, purely for legal purposes I'll add "assuming") the final is released people who have supported the project will be given a final license at no additional cost. Keep in mind that the $10-$25 price was set to support the project. I can assure you that when the final product is released the pricing structure will have to change. Additionally, it has always been stated, and known that ioFTPD is a BETA product in current development. There is no complete feature list, expectations of a bug free product, or promise of continual development. In fact, there was a period of time where there was a question whether or not ioFTPD development would continue at all (before iniCom took over the project).
|
This is the problem. The money was paid for a beta product with the assumption that once the final product was released the license would still be good for that version as well. There was no assumption that there was going to be a final release, it was stated many times that there was/will be a final release.
It even states that ioFTPD FINAL 1.0 is almost ready on the front of this website. Who exactly are you trying to fool here? There is no assuming anything. You are actively advertising the "assumed" product.
Quote:
|
Originally Posted by IniCom
As far as stringing people along, that's hardly the case, or basis for a law suit. I can't help but wonder why a class-action hasn't been brought against 3D Realms for "Duke Nukem Forever" (Come on, even I can't defend that project). We're a year behind, yes, but we're far from deceiving consumers. A law suit will do nothing but hamper the development of ioFTPD as well as the rest of the projects we're working on by consuming resources with baseless lawsuits. Now on to the real issue...
|
Baseless lawsuits? Since when is consumer fraud a "baseless" lawsuit?
When a company is advertising a product that they don't even know when or if it will be released, and post updates on their forums to paying customers who have been waiting for said updated program, AND continue to sell said program on the basis of said advertising on the website, this IS consumer fraud.
I have spoken to an attorney in New Mexico, and he advises me that this would not be a baseless case.
Quote:
|
Originally Posted by IniCom
Lastly, one of my biggest concerns is that someone would feel the need to jump directly to this conclusion instead of talking to us first. iniCom has always been a customer oriented company, and we do our best to make ourselves available to our customers. If anyone is dissatisfied with the product, its development, support, or anything else, we would be happy to discuss, and work to resolve any issues.
-Jon L. Hill
President/COO
iniCom Networks Inc.
http://www.inicom.net |
I did email your company a year ago as I stated in this thread. I tried to talk to you about my discouragement relating to the project and I was basically sluffed off stating the release would be "soon".
Soon to me does not equal more than a year later.
My biggest concern is that once notified of my post here, instead of trying to contact me directly, you post here and hope that might come back and read/reply to it. What if I had just gone ahead with my baseless lawsuit?
I guess there is only one way to really find out.