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

[R0H1T]

Yup put your monies where your mouth is, stop using Maxon benches period.

 

[devjunkie]

Solution: Stop using Cinebench.
Boycot Maxon and all their products.
The only way they'll learn.

And why don't you just use their form which they have to ask for user input so they can improve? https://www.maxon.net/en/support/suggestions/ So much wind, rage and wasted life time because a free software is only available in a specific online store, unbelievable

 

[Wavetrex]

@devjunkie Did you just make an account here to "defend" this horrible behavior from Maxon ? (And others, including the gods of take-down notices, legal threats and actual lawsuits - Apple)

Mandatory question: How much did they pay you to register on various forums and spread smelly bio-matter around?

 

[R0H1T]

Oh come on - no need to get nasty, Maxon is doing what every profit making company does. You can choose to boycott their products if you feel their practices are bad, that's it.

 

[MazeFrame]

And the terms are, obviously, available on Windows Store.

Wich is not available on Windows 7.
How would you like a game on steam that does not work on Win7 because it requires the MS-Store, but only tells you about that on the MS-Store?

 

[notb]

Some people are running Windows 10 without a Microsoft account (required for the Windows Store). Some people may not want a Microsoft account. Some people may not want to use the Windows Store. Some people actively go out of their way to nuke the Windows Store and "modern apps" from their systems.

You don't need a Microsoft account to use Windows Store (since 2016). "MS Windows Expert"...
Everything else is "some may not want to". So it's nothing. You can't give examples of any objective downsides.

If you are someone who does one or more of these things, then Cinebench R20 is not available to you. Not legitimately, anyway.

So maybe it's not. You still talk about Cinebench like something you deserve and has been forcefully taken away from you.

I admit that's pure speculation on my part, but I can't imagine why they would have such a hard on for the Windows Store, exclusively

Because it lowers their costs? Because in 2019 it's NATURAL for users to download software from official stores/repositories? Just like they do in Apple ecosystem, in Android and in Linux?

People constantly criticize Windows Store for the lack choice. But now, when a mainstream app is added to it, suddenly so many are against because this and that.

if I wrote a benchmarking program and then released it, for free, I would just be happy people were using my program.

You're not thinking like an enterprise. They are.

If you're against their approach, write a benchmarking tool and release it under GPL. No one is stopping you.

Cinebench is a benchmarking tool. It even says as much on their own Cinebench page.

Yes, and it works perfectly as one. But it's been created as a test for their clients and then got popular among a wider community.
You are allowed to use it even if you don't care what Maxon is actually doing. But they don't care. And the exposure to gamers may have resulted in unwanted side-effects.

I'm not sure how being exclusively on the Microsoft Store would prevent them from being accused of bias (which is silly in the first place).

Because many gamers will leave the platform. Simple as that.
And how is that silly? It's just speculation. It's not more silly than your thing about being paid by MS.

Solution: Stop using Cinebench.
Boycot Maxon and all their products.

Exactly! I'm sure there are countless users on this forum. Boycott them and I'm sure they'll change their mind.. :-D

Wich is not available on Windows 7.
How would you like a game on steam that does not work on Win7 because it requires the MS-Store, but only tells you about that on the MS-Store?

You are required to comply to law even if you don't know it (or don't understand it). This is the fundamental rule of a legal system.

OK, so you're going on TPU - a site you respect. They offer a portable Cinebench. You don't know it violates Maxon license and you download it.
You haven't broken the license. Read it. Using a illegal copy is not against the law. You can't be held responsible. But you can be required to remove an unauthorized copy (even if you paid for it).
The person who shares or modifies software is responsible.

It's like with the piracy thing that used to be popular a decade ago. Buying a bad copy wasn't a crime - just like buying stolen physical goods isn't (if you don't know about it). Downloading a bad copy also wasn't a crime (if you didn't know!). You could only be forced to return/remove it.
But using torrent (where you upload as well) was enough to hold you responsible.

That's how this has always worked - even before "software" became a thing. You go to a store, they tell you a product is fine. In case of most products there's no real way of learning that they've been stolen.
The party that steals and fences stuff can be held responsible. You can only be forced to give these goods back.

 

[rtwjunkie]

@devjunkie Did you just make an account here to "defend" this horrible behavior from Maxon ? (And others, including the gods of take-down notices, legal threats and actual lawsuits - Apple)

Mandatory question: How much did they pay you to register on various forums and spread smelly bio-matter around?

How was what he said a defense of Maxon? He is guilty of speaking common sense. Instead of people acting entitled to Maxon’s software where they want it to be and blasting them on this forum, they each could actually focus that energy on the one place that it has the possibility of making a difference. By responding on their site, and using clear, levelheaded language to voice their displeasure, you CAN make a difference if enough people do it. Bitching about it on TPU is just a lot of wasted hot air.

 

[notb]

How was what he said a defense of Maxon? He is guilty of speaking common sense. Instead of people acting entitled to Maxon’s software and blasting them on this forum, if they each could actually focus that energy on the one place that it has the possibility of making a difference. By responding on their site, and using clear, levelheaded language to voice their displeasure, you CAN make a difference if enough people do it. Bitching about it on TPU is just a lot of wasted hot air.

Exactly. We're not defending Maxon. They're not a side in this argument. They likely have no idea this discussion is happening. And they're already "defended" by law, so there isn't much we could add there.

What we're actually doing is giving a free common sense / copyright lesson...

The Cinebench thing is really unimportant. Maybe Maxon will change their policy, maybe they won't. We know gamers will move to another benchmark if it's necessary - there are countless options. And it's just a benchmark. It's not something you can't live without (at least so I though...).

For me it's still shocking how badly understood copyright is on this forum. I don't know the reason. Is it the anarchy? Is it the anti-enterprise approach?

You're required to pass a copyright course on your first year of study. I believe it's also taught in high-schools lately. I kind of live in a belief that everyone around me understand the topic pretty well.
This is XXI century, the Information Revolution. The rights to intellectual property are as important as the rights to material property have been for ages.
And man... I have a feeling that many of the "but EULA is hard to find" people would have no doubts shooting a trespasser...

 

[GorbazTheDragon]

DRM-free ? Walled garden ? Why the hell did you installed Windows 10 in first place ? Just use Linux if don't like it. The thing is that for the end-user is much easier to press one button than 3-4.

Sorry most of us still bench on W7 and even XP...

hwbot in fact requires W7 for a lot of submissions

 

[newtekie1]

You are required to comply to law even if you don't know it (or don't understand it). This is the fundamental rule of a legal system.

Except EULA and Terms of Service are contract law, and in contract law you are not required to abide by the contract if you aren't aware of the contract and agree to it. Otherwise, I'd be able to just make up a contract saying you are required to give me all your worldly possessions, then sue you to enforce it without you ever even knowing what I put in the contract.

 

[lexluthermiester]

Except EULA and Terms of Service are contract law, and in contract law you are not required to abide by the contract if you aren't aware of the contract and agree to it. Otherwise, I'd be able to just make up a contract saying you are required to give me all your worldly possessions, then sue you to enforce it without you ever even knowing what I put in the contract.

There is this. Why is it so few understand this point?

 

[Xzibit]

Except EULA and Terms of Service are contract law, and in contract law you are not required to abide by the contract if you aren't aware of the contract and agree to it. Otherwise, I'd be able to just make up a contract saying you are required to give me all your worldly possessions, then sue you to enforce it without you ever even knowing what I put in the contract.

Its a breach of contract. MS or Maxon can sue you for breach. MS for breaching their ToS or Maxon for violating their EULA. Maxon send out a courtesy notice letter to the breaching parties to make them aware. At which point they can comply but the breaching parties have been made aware of it. The included potential legal action which was taken as a threat is their right to use the legal system and enforce that breach of contract the partys are now aware of.

 

[lexluthermiester]

Its a breach of contract. MS or Maxon can sue you for breach. MS for breaching their ToS or Maxon for violating their EULA. Maxon send out a curtisy letter to the breaching parties to make them aware. At which point they can comply but the breaching parties have been made aware of it. The included potential legal action which was taken as a threat is their right to use the legal system and enforce that breach of contract the partys are now aware of.

There's just one problem with that. What would be the venue of jurisdiction? Many software contracts state a scope of jurisdiction, however there are many city, county and state laws(for example, where I live) that require any civil action of a certain dollar amount be handled in the local courts, IE for a civil matter the plaintiff in question must go to the area of residence/operation of the person/entity they wish to file against and file in that court. The threat of legal action is hollow for an individual because Maxon is not going to go out of their way to sue a single person over what is being given away freely. Just not worth the expense.

Even if Guru3D or TPU had refused to take the portable version down, Maxon would still have to prove damages, which because they're making the software in question available at no charge, can't happen. The absolute worst thing they could do legally is issue a DMCA takedown order, at their own expense.

 

[Xzibit]

There's just one problem with that. What would be the venue of jurisdiction? Many software contracts state a scope of jurisdiction, however there are many city, county and state laws that require any civil action of a certain dollar amount be handled in the local courts, IE for a civil matter the company in question much go to the area of residence of the person/entity they wish to file against and file in that court. The the threat of legal action is hollow for an individual because Maxon is not going to go out of their way to sue a single person over what is being given away freely. Just not worth the expense.

Even if Guru3D or TPU had refused to take the portable version down, Maxon would still have to prove damages, which because they're making the software in question available at no charge, can't happen. The absolute worst thing they could do legally is issue a DMCA takedown order, at their own expense.

Now that they are aware of their violation they can read the ToS or Eula. Maxon EULA states Germany.

 

[lexluthermiester]

Now that they are aware of their violation they can read the ToS or Eula. Maxon EULA states Germany.

Unenforceable in the United States, unless they come here, even with existing treaties. They're not going to do that.

 

[Xzibit]

Unenforceable in the United States, unless they come here, even with existing treaties. They're not going to do that.

Guess the breaching parties have nothing to worry about then. They should put those files back up

 

[rtwjunkie]

Guess the breaching parties have nothing to worry about then. They should put those files back up

TPU is based in Germany.

 

[lexluthermiester]

Guess the breaching parties have nothing to worry about then. They should put those files back up

That's not what I said. Re-read.

TPU is based in Germany.

Even if that is true, TPU host servers are located in the US. This is where the legalities get tricky. If TPU is HQ'd in Germany, but it's servers are hosted in the US, the venue of jurisdiction might have to be held in the US because that is were the files in question are stored. However there might be a bit of German law that requires the case be heard in German courts.

 

[hat]

w10 zombies

Uuuuuuuugh.... aaaaaaaaaps

?

 

[R-T-B]

I doubt spewing venom here is going to do justice when the folks who has beef with UWP are partially at fault for forcing sites like TPU to "write" portable versions of the benchmark software, knowing full well that there will be consequences but couldn't care much because they're not taking responsibility. Sure Maxon is unfair when it comes to protecting their software but making a portable version without their consent kinda make things worst.

I wonder what the actual EULA had to say on this. It's freeware so one wouldn't think it's harsh at first glance, but apparently one would be wrong.

TPU is based in Germany.

They are HQ'd in the USA when I worked there. A recent move, I was told.

In other news, I see they finally stripped me of all my badges (Supporter and Staff). Good going guys (no I am serious, it was kinda getting weird at this point)

 

[W1zzard]

I see they finally stripped me of all my badges (Supporter and Staff). Good going guys (no I am serious, it was kinda getting weird at this point)

I simply forgot

 

[OneMoar]

I wonder what the actual EULA had to say on this. It's freeware so one wouldn't think it's harsh at first glance, but apparently one would be wrong.



They are HQ'd in the USA when I worked there. A recent move, I was told.

In other news, I see they finally stripped me of all my badges (Supporter and Staff). Good going guys (no I am serious, it was kinda getting weird at this point)

DEMOTEEEEEEEEEEEEED DEMOOOOOOOOOOOOOOOOOOOOOOOOOOTEDDDDDDDD DEEEEEEEEMOOOOOOOOOOOOOOTED

 

[rtwjunkie]

They are HQ'd in the USA when I worked there. A recent move, I was told.

Ah, ok, thanks, buddy. A quiet change indeed.

 

[R-T-B]

DEMOTEEEEEEEEEEEEED DEMOOOOOOOOOOOOOOOOOOOOOOOOOOTEDDDDDDDD DEEEEEEEEMOOOOOOOOOOOOOOTED

I love you too, OneMoar.

I simply forgot

A man after my own heart. I never finish anyth

 

[Ahhzz]

No Personal Attacks. Keep it civil, keep it on topic.