Hello --


Since I posted to the list a copy of my email to Coda/MakeMusic canceling my order for Finale 2004, I thought it only fair to them to post their reply; though I have interspersed it with my reply to them.


If you feel that this is a waste of bandwidth I apologize. Please feel free to flame me, but I think that this is an exchange that should be made public.

-=-Dennis


Reply to email from <[EMAIL PROTECTED]> dated Wed, 13 Aug 2003 15:56:12 -0500:
______________________________________________________________


To: Finale Sales <[EMAIL PROTECTED]>
From: "Dennis W. Manasco" <[EMAIL PROTECTED]>
Subject: RE: Cancellation of Order Number {number deleted}
Cc: [EMAIL PROTECTED]


Dear Dennis,

Thank you for taking the time to write us about your concerns.

Thank you for responding. "Concerns" is an understatement.


We hope you understand that there is no limit to the number of installations
that can be performed from the Finale CD-ROM.  At installation time, the
software simply requires that you register the software within 30 days. You
may also install it on a second computer if you desire. The registration can
be automatically obtained with your computer if you have internet access, or
can be obtained by phone, FAX or standard mail for those who don't.  In any
case, you have full use of the software for 30 days even without
registering.

This paragraph misses the entire point. The number of possible installations from a particular CD is irrelevant. The point is that once the user installs the software the user is dependant on the existence and integrity of Coda/MakeMusic's Copy Protection Servers to successfully operate the software after the 30 day trial period. Should, at any time, Coda/MakeMusic's Copy Protection Servers cease to function, or no longer provide registration codes for a particular version or configuration, the user will not be able to make full and complete use of the software which was lawfully and legitimately purchased.


You may consider this "concern" trivial, but it warrants primacy in my consideration. Should I purchase Finale 2004 and my system configuration change I would no longer be able to use the software without the explicit permission of Coda/MakeMusic. This would be true even should Coda/MakeMusic no longer exist.

The future existence of software providers is a valid concern. At least once a month I use a software program that was last updated in 1993. I use it for an essential business function and have never found a suitable replacement. The publisher went out of business some years, and numerous hard disk and computer replacements, ago. If that publisher had used Coda/MakeMusic's copy protection system I would no longer be able to execute a necessary business function. This is only one example of why I will never tie my business's future viability to any other company's.

The promised future ability to transfer licenses does not lessen the onerousness of the situation. Should my hard disk fail, or I otherwise lose the ability to access my computer data, I would not be able transfer the software.

We did listen to our users' feedback regarding the copy protection that was
used for the 98 version of product, which is why it was discontinued and has
never used since.  The registration does not use the PACE system to which
you refer.  If, after trying the software, you are not satisfied, we do
offer a 30-day return/refund guarantee.

Thankfully you are not using the PACE system. This paragraph does not however state explicitly, absolutely and irrevocably that the Finale Copy Protection System does not use a pervasive and systemic copy protection technique and will have no adverse effects upon users' Operating Systems or the programs which run under them. As such this paragraph provides no alleviation of my concerns whatsoever.


The final sentence of this paragraph is a non sequitur. I have no intention of purchasing the product, so a "30-day return/refund guarantee" is irrelevant. I would never allow any software on my computer which I suspected might be carrying a deleterious component so a "30-day return/refund guarantee" is irrelevant

We worked to make this process as easy and pain-free as possible.  We hope
that you agree that Finale is worth having and worth protecting.  We believe
that this required registration will enable us to continue leading the music
notation business.

The process may be "pain-free." The implications of the process are anything but.


I too belive that "Finale is worth having and worth protecting ." Here is an alternative scheme:

Since the probability is high that Coda/MakeMusic's servers will still exist when I receive the software from the distributor, force me to register ONCE AND ONLY ONCE when I receive it. Give me a secondary serial number that is encoded with my (verified) name (but not address, as that may change) and original serial number. Using this new serial number force me to brand the software with my name and (implicitly) my original serial number before Finale works properly and completely. Then, should I need to reinstall the software at some future time and be unable to contact Coda/MakeMusic, I would still be able to brand and fully use my software using the secondary serial number.

The above scheme would also provide a positive disincentive to my redistribution of the software, as it would be useless to others without my name appearing all over it. The implications of this sort of copy protection system should be obvious. Branding has its problems, just like any other copy protection scheme, but it is far less onerous than the current Finale 2004 scheme.

We have cancelled your Finale 2004 upgrade pre-order per your request.

THANK YOU.


Dennis W. Manasco



Customer Service
MakeMusic! Inc.
Coda Music Technologies
PHONE (952) 937-9611 or (800) 843-2066
FAX (952) 937-9760
6210 Bury Drive, Eden Prairie MN 55346-1718
Customer Service hours M-F, 8:30-5:00 Central Time
Please make sure to include all previous correspondence when replying,
including any pertinent information such as registered serial number,
account number, sales order reference number, etc.



-----Original Message-----
From: Dennis W. Manasco [mailto:[EMAIL PROTECTED]
Sent: Sunday, August 10, 2003 4:49 AM
To: [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED]
Subject: Cancellation of Order Number {number deleted}


Hello --


On 8/8/03 I placed a pre-order for Finale 2004. I have since
discovered, despite omissions and prevarications on the Finale
website, that Finale 2004 uses a copy-protection scheme that requires
my computer to be uniquely identified to Coda/MakeMusic servers in
order to successfully install the program.

This is unacceptable. This means that whenever I require a new
hard-disk or purchase a new computer I am at the mercy of the
existence and integrity of Coda/MakeMusic's Copy Protection Servers
to successfully install my legally purchased product. I cannot and
will not submit to this potential infringement of my right to
continue to use, and derive benefit from, a product which I have
legitimately purchased and thus should rightfully expect to have
access to, and complete use of, in perpetuity.

I thought that the debacle of Finale 98 would have been sufficient to
alert you that many of your customers resent being treated as a
priori criminals. This incarnation of copy-protection is even worse:
Not only do you brand your legitimate users potential criminals, but
you tie their businesses and livelihoods to the continued existence
of your Copy Protection Servers. If you are using one of the
pervasive systemic copy-protection systems (such as PACE) you may
even be irrevocably invading and damaging the integrity of their
computer's operating system and data. These are not the actions of a
benign company.

I will attempt to continue with my current version of your software,
but it is essentially incompatible with my primary operating system
(Macintosh OS X). I will be actively looking for other Macintosh
solutions and exploring Unix Open Source alternatives. I will be
advising friends and associates to search for other solutions as well.

PLEASE CANCEL MY ORDER NUMBER {number deleted} OF 8/8/03.

Thank you,

Dennis W. Manasco
Dennis W. Manasco, Inc.
{address deleted}

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