Maxon Sends Legal Threats to PC Enthusiast Websites Hosting Portable Cinebench R20 Downloads

[damric]

Well thanks I already snagged the file from you last week, just in time I guess

 

[Xzibit]

That doesn't look like "marked as not for resale"

That's product overview web-page.

The End User is not entitled to rent out, lease, or lend the Software to third parties without MAXON’s permission, especially for purposes directly or indirectly related to any form of compensation. You are also not entitled to process or modify the Software without MAXON’s permission,

If the product was for those distributions platforms and thus modified to circumvent it. It is in violation of the EULA.

Can't really be upset with Maxon. They are protecting their Software. If people go against the EULA and then get called on it, that's on them. You could always ask for permission and see what they tell you.

I do like how the majority of the community responds in kind by advocating Software piracy.

 

[mswans34]

If you wanted a single-threaded benchmark, why not try SynBench:

https://zedlx.com/synbench/sbinfo

It also has an online (web) version, with a small database of results.

 

[Patriot]

Yeah... they really need to stop claiming Win 7 Support if they are not going to allow 3rd party downloads like they did with R15.
That or just you know, Ask them for permission to redistribute a windows 7 only edition.
Already have portable edition for testing on windows server...

 

[lexluthermiester]

I do like how the majority of the community responds in kind by advocating Software piracy.

It's not piracy. It's not even unauthorized modification. The files are taken straight from the installed folder and run as-is. The software is freeware. No money is being charged to anyone for use. Unauthorized/unapproved distribution? Ok. One could argue that point. Those are not the same things however.

 

[MrGenius]

If the product was for the those distributions platforms and thus modified to circumvent it. It is in violation of the EULA.

I'm not saying it's any more, or any less, a violation of the EULA. But it wasn't modified to circumvent it. When you install the software "legitimately" you get a working portable version. It's just a matter of copy and paste. I don't know why W1z went to the trouble of adding the msvcp140.dll. It was totally unnecessary to do so. And inclusion of the Readme, though a helpful addition, was also completely unnecessary.

I do like how the majority of the community responds in kind by advocating Software piracy.

You can't pirate something that's free. Plain and simple.

 

[W1zzard]

It was totally unnecessary to do so

Except that people who don't have those VC runtimes installed get an error message and don't know what to do. Usually they start googling and end up on a malware site

 

[Patriot]

Heck, post Download EULAs have been ruled non-binding in all but NY... because they were not agreed to when you acquired it (the sale or download marking contract)... but foist on you after. Hence why Nvidia has a Eula ready and available when you download it, click here to view it, if you click download you are agreeing to it...

 

[R0H1T]

How about exclude CB from benchmark numbers, maybe that'll persuade Maxon or MS about their approach?

 

[dicktracy]

Cinebench is not a good indicator of CPU performance anyways. We've seen that with the 1800x vs 6900k during Ryzen 1st gen launch. 1800x "beats" 6900k in Cinebench, then proceeds to lose in everything outside of it.

 

[lexluthermiester]

Except that people who don't have those VC runtimes installed get an error message and don't know what to do. Usually they start googling and end up on a malware site

And this does not constitute modification either. Including required libraries that are freely available anyway is not breaking any rules as long as the files themselves are not changed/altered in any way.

 

[R0H1T]

Cinebench is not a good indicator of CPU performance anyways. We've seen that with the 1800x vs 6900k during Ryzen 1st gen launch. 1800x "beats" 6900k in Cinebench, then proceeds to lose in everything outside of it.

That's how benchmarks work & not necessarily because they're bad. AMD also smashes Intel in many AES & SHA1 benches, are all of them bad as well?

 

[rtwjunkie]

It's not piracy. It's not even unauthorized modification. The files are taken straight from the installed folder and run as-is. The software is freeware. No money is being charged to anyone for use. Unauthorized/unapproved distribution? Ok. One could argue that point. Those are not the same things however.

As the creators of the program, they have every right to control how, where and when their intellectual property is distributed. Just because it is free doesn’t make it ok.

 

[Xzibit]

It was stated that the origin of the files for the portable where the MS App store.

Notice Specific to Software Available on this Website
Any software that is made available to download from the Services ("Software") is the copyrighted work of Microsoft and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by Microsoft.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

Not only are they violating Maxon they are also violating MS ToU

 

[OneMoar]

technically extracting a appx file is not modification of ANY software thats a Microsoft provided package not a piece of executable code
legally they probably have shakey ground at best here,

either way they have just shot them selves in the foot and drank a gallon of bleach
they are done nobody will use there software ever again, you don't threaten the press and you don't piss off your user base they have managed todo both in one fell swoop
RIP maxon

GUIDE: How to make your own portable version of Cinebench R20

1. Download the MAXONComputerGmbH.Cinebench_20.0.4.0_x64__rsne5bsk8s7tj.appx as described in post #44 of this thread.(Thanks @OneMoar )
2. Use the .appx to install the app(left click on it and select Install).
3. Go to C:\Program Files\WindowsApps\MAXONComputerGmbH.Cinebench_20.0.4.0_x64__rsne5bsk8s7tj and copy the bin folder.
4. Paste the bin folder wherever you want to keep your portable version(needs to be saved somewhere else if you're going to uninstall the app afterwards, which will delete it).
5. OPTIONAL: Rename the bin folder to whatever you want and uninstall Cinebench R20 via Settings > Apps > Apps & features.

For some reason you need to install it with the .appx to get a working portable version. It doesn't work as portable if you extract the bin folder from the .appx. You need to get the bin folder after installing it(as I described above). But, temporarily installing it is a reasonable compromise IMO. Until someone figures out what gets changed in the bin folder during install. I couldn't find anything with a quick look see.

EDIT: Same basic process applies if you install it from the Microsoft Store.

they added encryption to the appx manifest
problem is nobody at maxon seems to understand that once you install it its decrypted. encryption is for deploying a UWP app which this is not

 

[lexluthermiester]

As the creators of the program, they have every right to control how, where and when their intellectual property is distributed. Just because it is free doesn’t make it ok.

That's still not piracy though.

either way they have just shot them selves in the foot and drank a gallon of bleach
they are done nobody will use there software ever again, you don't threaten the press and you don't piss off your user base they have managed todo both in one fell swoop
RIP maxon

While that's a bit extreme, it seems clear that they have done themselves needless damage. While they have the right, why was it needed? There is very little logic to this other than a Microsoft collusion to migrate people to the Windows Store, which many dislike.

 

[srsbsns]

If the EULA does not contain any language that you violate by distribution then can they do anything?

 

[notb]

What a sad day. Here we have a "PC enthusiast" community that doesn't respect the work of software developers.
Guys, why do you hate computers so much?

It doesn't matter if you call it piracy or not. It doesn't matter if it's free or not.
Someone made a program you like. They don't ask for money, or fame, or organs, or even a funky badge on a forum.
They simply asked you to take it from an official download location and not to modify the files. Is that really so difficult to accept?

More importantly, half of this discussion is not even about Cinebench, but about lack of understanding how software copyright works. Which is pretty bizarre considering what this community is about.

Furthermore, in case you haven't noticed (and I can see that's true), they have similar rules on their site. So you weren't allowed to modify or share the files you got from www.maxon.net as well.

And just a short notice for all the people that foresee an end of Maxon.
Maxon is a large and respected provider of 3D tools. Cinebench is not their product. It's just a small package containing their rendering engine, a simple model and a script for running the test. It wasn't designed with gamers in mind and it will still serve it's purpose if all the gamers decide to leave.

 

[devjunkie]

I am not a huge fan of the store version either but it's their right to publish it where they want to and you don't know why they did that. But someone who puts together such a software has their reason why. Computer games are often first released on one platform and later for a broader audience. Ever thought of that?

They simply asked you to take it from an official download location and not to modify the files.

well said! Even if they were not modified, they want to give their users a save certified download.

disclaimer: i am a dev myself and work in the hardware industry

 

[lexluthermiester]

What a sad day. Here we have a "PC enthusiast" community that doesn't respect the work of software developers.

The discord being expressed isn't about respect. It's a free benchmark utility and the websites in question were providing a portable version.

Guys, why do you hate computers so much?

We don't. We find short-sighted, illogical, nitwited actions like the one Maxon made here irritating as hell.

They simply asked you to take it from an official download location and not to modify the files. Is that really so difficult to accept?

First, no one modified the files, they were extracted as-is. Second, the download location requires users to (1) have Windows 8, 8.1 or 10, (2) setup Microsoft account and (3) use the Windows store. Think about that in the context of benchmarking.

Cinebench is not their product. It's just a small package containing their rendering engine, a simple model and a script for running the test.

Which makes this move seem even more asinine and illogical.

I am not a huge fan of the store version either but it's their right to publish it where they want to and you don't know why they did that. But someone who puts together such a software has their reason.

To which we can say "No Thank You" and give them the two fingered salute. They will lose exposure which will likely result in lost revenue. This was a boneheaded move regardless of reason.

 

[devjunkie]

To which we can say "No Thank You

I agree! Then you should say that you would like to have a non-store version. My only point is, I understand why a company still wants to keep control over where and how their (certified) software is available.

disclaimer: i am a dev myself and work in the hardware industry

 

[lexluthermiester]

Then you should say that you would like to have a non-store version.

Why should we need to when a portable version has been available for previous versions? It's a bonehead move, plain and simple.

 

[rtwjunkie]

Why should we need to when a portable version has been available for previous versions? It's a bonehead move, plain and simple.

It doesn’t matter. You have no “right” to the software. It is theirs to say how they want it distributed, no matter how shortsighted that decision may be, noticed yours. I honestly thought you were not from the generation that feels like everything is owed to them. Please prove me right. This is about respect for other people’s property and wishes.

 

[ghazi]

I wonder why the people defending Maxon here are forgetting that previous versions of Cinebench have always been available for download on TPU and Guru3D. What is the actual reason for the change? You people act like Maxon is doing you a favor by making Cinebench, there are plenty of alternatives to choose from.

 

[devjunkie]

Why should we need to when a portable version has been available for previous versions? It's a bonehead move, plain and simple.

So they see and get their users feedback. As you said, a previous version was portable, but not this one. Maybe they have an exclusive contract, we all don't know. And if they went this way, it's their right. That's how software license agreements work