Capture One Express is coming to an "illegal" end?

Georges Schneider

• December 13, 2023 14:44

Anyone who uses Capture One Express and believes that the shutdown is not legal should contact consumer protection organizations. They also have excellent legal knowledge of such problems.

Even if things are in the general terms and conditions or other license agreements, they are not automatically legally compliant and can be applied in this way.

                                                                                                >>>Consumers have rights!<<<

The excitement in the forum is a waste of energy and will not influence the decisions made by PhaseOne, of course they expected a shitstorm.

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  Ian Wilson

  Moderator

  • December 13, 2023 16:13

  

  Georges Schneider

  (1) Phase One have nothing to do with it. Capture One and Phase One have been separate enterprises for some years now.

  (2) Considering that Express was free software, I don't expect that there is any kind of legal contract you could rely on, though I am not a qualified lawyer.

  Ian

  (Note: I do NOT work for Capture One - just a user of the software acting as a moderator on a voluntary basis.)

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  Keith R

  • December 16, 2023 15:21
  • Edited

  

  Take it from someone who actually understands how the law works, Georgie-Boy - you couldn't be more wrong if you tried.

  Just like any other company, Capture One can withdraw any product it sells, whenever it wants to: you have to be on some particularly intense level entitlement (a common thing, it would seem...) to think that this basic, ubiquitous, easily observed everywhere in the Real World (Damn Ford! They won't sell me a Model T..!) doesn't apply to your little world.

  Besides: why should I - a Canon user and paying customer of Capture One - pay for your freeloading?

  This is what the Capture One Eula has to say (with my emphasis):

  1.3 Your rights under this agreement will terminate automatically and without notice from Capture One if you fail to comply with any terms and conditions hereof or if the agreement is otherwise terminated by Capture One as provided for in this Agreement. 

   

  Although this applies primarily to paid-for products, you're going to need a much better lawyer than you'll be able to afford from the money you saved cheaping out on paying for Capture One, to win the argument that it doesn't also - by implication (in legal terms) - also apply to any other of their products. 

   

  So there you go: Capture One can pull the plug any time they want...

   

  >>>Consumers have rights!<<<

   

  Be very clear about this: consumers have no rights whatsoever to dictate what a company should sell (Ian's comment above about this being free being pertinent too) to its customers. 

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