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> We took action to remove your thread because, like you, Creative and its technology partners think it is only fair to be compensated for goods and services. The difference in this case is that we own the rights to the materials that you are distributing. Is he charging for the drivers (licensed good), or for random donations for his time for fixing them (service)? This sounds like a truck maker sellng two models of truck, one with a cover for the bed in the back, one without and getting mad at other companies who make a cover for the back that's cheaper than their own. The primary good (soundcard or truck with bed) is yours until sold, at which point it belongs to the consumer to do with as they wish. What I understand so far: "by providing unofficial driver packages for Vista that deliver more of the original functionality that was found in the equivalent XP packages" Why would a consumer expect to have anything less than the full "original functionality" on any system, XP, Vista etc that they choose to run it on? Next from the grocery store, reduced price apples that you're only allowed to eat after smearing with cod liver oil. > By enabling our technology and IP to run on sound cards for which it was not originally offered or intended, you are in effect, stealing our goods. This sounds a bit like buying a house and finding the previous owner left a safe with comic books inside. Even if you need a locksmith to get in, the previous owner left it behind. If you don't want functionality / comic books in the hands of your users, don't leave them behind. It's rather odd to complain about someone using part of what they bought when you left it on the card. > By enabling our technology and IP to run on sound cards for which it was not originally offered or intended, you are in effect, stealing our goods. He is in effect a locksmith. In leaving them behind you in effect abandoned them. >When you solicit donations for providing packages like this, you are profiting from something that you do not own. The car repairman doesn't own the car he fixes, but as much as Toyota wants me to only take it to them, I'm free to take it anywhere else. (And will given the dismal performance of the local Toyota dealership's shop) Great car, horrible in-house mechanics. > If we choose to develop and provide host-based processing features with certain sound cards and not others, that is a business decision that only we have the right to make. So are you categorically stating that all things after-market are illegal? Many in the auto-industry might take issue to that. You have a right to choose what to ship, and the new owner has the right to decide what to do with what they buy (and assume ownership of). Even assuming you can refuse to allow anyone to run a patched version of the driver, it's only a matter of time before someone writes their own from-scratch driver which you'll have no recourse for, depending on the fickleness of angry reactions. Will people create an alternative you can't do anything about to spite you, or refrain in hopes of watching your company go under. And further, if after-market is illegal or wrong, when are you shutting down? With the advent of on-board sound (which dates back at least to the PC speaker) you are an after-market supplier. > If we choose to develop and provide host-based processing features with certain sound cards and not others, that is a business decision that only we have the right to make. If it's in your software, you have the right to include or not include it, if it's in your hardware, the person who bought the hardware has the right once they buy it (hardware is owned, not licensed) to do as they wish with it. If I can make your soundcard somehow serve as an elevator controller, it doesn't matter what you think of it, I'm entitled to do so as long as I'm using only the hardware and am not using your drivers. I've used your products in the past, with no regrets, but lately you have a reputation of providing inferior quality goods, and the dismal support situation doesn't bode well for this changing soon. Further wastes of energy such as complaining about those who at worst capitalize on your negligence (in enabling something you declined to remove) when you should be applying your resources to fixing the (apparently many) things broken indicates that customer service is not considered even vaguely important, let alone critical, which is odd given that your company is an after-market supplier, and with onboard sound good enough for browsing the web, people need a GOOD reason to go out and buy your product when they already have something similar installed.
As an after-market supplier, 3 things are critical for you: 1. Brand-Recognition (You have it, but it's becoming a bad recognition, and given that there are serious alternatives to you, unlike MS, you can't afford it) 2. Quality (apparently lacking, especially on Vista) 3. Good Customer Service (very late "fixed" drivers) Given these are the 3 factors in choosing an after-market product, why should I choose you? While you may have a legitimate complaint about misuse of IP in your drivers, the fact that it's even coming up while items 2 and 3 are in such need of work suggests that they have been written off by your company, and I should look elsewhere. I'm not saying "Give the developer the blanket go ahead.", but "Work on 2 and 3, now. You're getting a bad reputation that you can't dispute having earned, at least if you care about remaining in business". You may have already drug yourselves through more mud than you can climb out of, given that only serious gamers or audio-philes would consider your cards, and they're going to do enough reasearch to avoid you. Then again, from what I've heard, the new Vista sound-system sounds a lot like the creation of "win-modems". (Which already started for sound-cards with in-software MIDI, thank goodness for programs like TiMIDIty) Perhaps this is your end-game because you know your market is about to cease to exist. If so, however, those who have bought cards recently and who are waiting on fixed drivers would greatly appreciate a heads-up that they may as well go buy a competitor's card, that the awaited drivers are not on the way. To deliberately sell broken card / driver combos (as in doesn't have the functionality they DID pay for) and refuse to fix them after advertising them good could be cause for allegations of fraud or false advertising. A little elbow-grease in getting new drivers out now could save some legal problems in the future. (Not from me in that I haven't recently bought one of your products to be bitten by these current developments, and after what I've read today I won't but from you again.) You used to fit the "good enough" quality range, lately you don't.
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