How I *nearly* got screwed by winning Komplete4

parma · Post by **parma** » Thu Sep 13, 2007 11:56 pm

Just a little story I thought I'd share since many of you have probably seen all my posts trying to sell NI things:

So, last week I get a call from NovaMusik saying that I had won Komplete 4 in one of their giveaways. I was pretty damn excited.

I owned a bunch of NI's products, so I thought I'd sell them since I'd soon have Komplete 4 and wouldn't need all the separate licenses.

So - in the past couple of weeks I sold off Absynth, FM8, Massive, Elektrik Piano, Vokator and Battery. All were the most recent versions.

Well, my prize arrives today and it appears to be a NFR version. No big deal, so I couldn't resell it.

I call NI to make sure I am eligible for the paid upgrade to Komplete 5 (I figured for sure I wasn't eligible for the free grace period update since I had won it and not purchased it). Well, turns out my copy is NOT ELIGIBLE FOR ANY UPGRADES WHATSOEVER.

Now, I would have been fine with this HAD NOVAMUSIK INFORMED ME THAT MY COPY WAS NFR AND NOT ELIGIBLE FOR UPGRADES. They did not advertise the drawing as a NFR copy of Komplete 4.

So now I'm screwed - if I would have just kept all the single licenses I would be able to upgrade them in the future. Now I'm stuck with versions that are not upgradable.

I called NI back and explained the situation but the guy i spoke with said there was nothing he could do about the situation. He was very polite and understanding which I am thankful for. And I in no way think NI is responsible for this misunderstanding.

I want to call NovaMusik and explain to them that they should have informed me that my copy would not be eligible for upgrades. But I can't bring myself to complain about something that I got for free. I just really wish they had been more detailed about just what exactly I was winning. Had I known, I'd still have all my NI products which I really like - and be able to upgrade them in the future.

I've never been so upset about winning something!

Maybe I should have known that a giveaway product would be crippled somehow, but it never even dawned on me because there was no mention of it being NFR not to mention non-upgradable.

Just needed to vent. When I found all this out I was really ready to blow my top but I'm starting to calm down a little.

Oh well, live and learn and be out several hundreds of dollars I suppose.

Plese see my update below

Monkey Mouse · Post by **Monkey Mouse** » Fri Sep 14, 2007 12:23 am

Just so you know, at the end of the year Novamusik will be sending you a form with your prize value to send to the IRS. You are going to have to pay tax on that prize, sorry to say.

muthafunka · Post by **muthafunka** » Fri Sep 14, 2007 12:45 am

Sounds like you jumped the gun a little, oops. Hate to say it but it's also not toooo surprising>>they're giving you something for free which could potentially save you hundreds ie upgrading, not buying new versions. Still though, gotta sting...ho hum, lesson learnt I guess, we all do stupid ''doh!' shit now and again!

dave999z · Post by **dave999z** » Fri Sep 14, 2007 1:02 am

My thought is - bullshit is Novamusik not responsible and bullshit is Native Instruments not responsible.

From what you describe (can't sell it, can't upgrade it), you, as a current NI product owner, won basically nothing. I don't think a reasonable person would assume, after being informed simply that you "won Komplete 4", that you really only won Komplete 4 with an extremely limited license.

I think you could recover against them. I also know that, like many nickle and dime wrongs, it's not worth the time and risk of expenses to you that you'd probably not recover. It would cost NI nothing to right the situation, but instead they just want to extract more money out of you.

Still, I'd bitch up a storm if I were you and threaten all sorts of shit (report them to BBB, small claims court for breach of contract, etc.). They owe you a real Komplete 4!

I can't stand it when businesses use their leverage to screw over honest consumers.

My $0.02.

Play · Post by **Play** » Fri Sep 14, 2007 1:13 am

That qualifies as a "MAJOR BUMMER"

Sorry bro....

parma · Post by **parma** » Fri Sep 14, 2007 2:29 am

well, I've sent a polite but truthful email to Novamusik.

If they had said from the outset that the version being given away was non-upgradable this wouldn't be a problem.

I just feel bad for complaining about something given to me for free.

But I do think I have a legitimate reason for being upset.

ruprecht · Post by **ruprecht** » Fri Sep 14, 2007 2:55 am

You absolutely have a reason to be upset. Forget that what they gave you was free that doesn't matter. It all comes down to whether your actions of selling your licenses and the potential harm that would befall you was reasonably foreseable to Novamusik. Forget NI, they have nothing to do with this.

If Nova represented the prize as an unlimited copy of Komplete then they clearly owe you because your actions were totally reasonable and expected. If they did include language somewhere in the contest ads explaining the limits then you're probably fcuked. If the limits were unmentioned then it's probably more your fault for not investigating thoroughly but I'd still complain and try to get them to meet you half way, lest you bash them on a forum or something.

It's like this - if a reasonable person would have done what you did and they would have suffered harm because of Nova - then Nova is responsible.

Let's not forget that they didn't give you this out of kindness. Nova benefits from this little contest in advertising exposure.

parma · Post by **parma** » Fri Sep 14, 2007 3:11 am

my only worry is that I missed some language somewhere that stated the conditions that accompanied the software. But I don't believe it was noted anywhere and it certainly wasn't made known to me over the phone when I got the call that I had "won"

And even if they had listed it as NFR, that does not necessarily mean it is not eligible for upgrades. I've seen other products that were NFR but were still able to be upgraded.

forge · Post by **forge** » Fri Sep 14, 2007 3:28 am

parma wrote: And I in no way think NI is responsible for this misunderstanding.

well that's where I think you're wrong

NI have a bewlidering upgrade policy and I'm pretty much never going to buy anything from them again because I got screwed in a similar way

I have Komplete 2 and it's now useless as an upgrade

I think without question any software product should have an upgrade path of some description for life - fair enough it shouldnt be as low as it is for people with the immediately previous versions but I basically have to buy Komplete again if I want it now, and that's just wrong

notice that the new version of Logic has the same upgrade price for owners of 5 and 6? Logic 5 was before they left PC - years ago now

that's how it should be

NI treat their paying customers very badly and they will never get another cent of mine

dave999z · Post by **dave999z** » Fri Sep 14, 2007 5:09 am

parma wrote: And even if they had listed it as NFR, that does not necessarily mean it is not eligible for upgrades. I've seen other products that were NFR but were still able to be upgraded.

You're right. I personally was given three NI titles awhile back that were "not for resale." I registered them and they served as the basis for upgrades. That's perfectly expected. Otherwise the software has almost zero value, which is why I'm pretty sure they misleadingly hid this disclaimer from you.

This is ridiculous. Don't feel bad - you're dealing with business that couldn't give a crap about you - it's just $ to them.

You should fight BOTH companies on this one.

nuperspective · Post by **nuperspective** » Fri Sep 14, 2007 5:26 am

sell komplete 4 and download the cracked versions off the net.

that way you get your own back and some cash.

tablist56 · Post by **tablist56** » Fri Sep 14, 2007 5:35 am

amen to that...sometimes cracked versions are more stable anyways. lol

peace out

sorry to hear though btw

BinaryB · Post by **BinaryB** » Fri Sep 14, 2007 5:41 am

ruprecht wrote:
It's like this - if a reasonable person would have done what you did and they would have suffered harm because of Nova - then Nova is responsible.

Let's not forget that they didn't give you this out of kindness. Nova benefits from this little contest in advertising exposure.

Thats the way the law would look at it.

pixelbox · Post by **pixelbox** » Fri Sep 14, 2007 2:08 pm

That totally sucks, man. I feel bad for you. It is so true that "if it seems to good to be true, it IS."

Hard lesson, man. Sorry.

parma · Post by **parma** » Fri Sep 14, 2007 6:55 pm

UPDATE:

a happy ending!

I just spoke with Novamusik and they worked out a deal with NI. I can upgrade to Komplete 5 for $199 when it is released.

I am glad they did the stand-up thing and remedied the situation.

So, thanks Novamusik and thanks NI.

How I nearly got screwed by winning Komplete4

How I nearly got screwed by winning Komplete4

Re: How I got screwed by winning Komplete4