I get the feeling a lawyer told him to explicitly state it wasn't about the review because there is a new federal law that protects reviewers. That statement doesn't jive with his previous posts.
And do it with less snark. Just state it seems clear you won't ever see eye to eye, and give the money back.
Legally, the remedy for breach of contract is to make the injured party whole, and that includes consequential damages. The customer may suffer consequential damages in excess of the price paid for the product (eg. "After buying your product I bought a new garage door to suit your product and now I have to get a different one to use with your competitor's product since the next best thing requires a different specification").
Offering a full refund is still entirely appropriate of course; I'm just pointing out that the customer doesn't have to accept that as a final settlement.
This "firing customers" terminology shows how deep in the Late Capitalism nightmare we really are.
If you seriously put your pride on a pedestal next to all of that, you just shouldn't be dealing with B2C in the first place; you will be a menace to your organization.
It would have achieved the exact same result, and I am sure the backlash wouldn't be 10% as severe.
- Musk had not already sold the individual a car.
- Musk was (possibly) responding not to the critical blog post, but to the content of the phone conversation.
- It has not been decided yet, but I doubt Garadget will ultimately have the popularity and cachet of Tesla's cars. This, for better or worse, does have an impact on what you can get away with.
- All of the above notwithstanding, maybe this was not Elon Musk's finest moment. Not ever word out of his mouth is useful for all purposes. Citing the fact he said something, even if he was in a situation that is perfectly analogous to one's own, does not justify one's comparable action.
That being said, I do agree with all your points. I tend to think no garage door company is going to have the cachet of any Elon Musk company. Frankly, only Elon Musk could send out that tweet and not get hammered.
That relationship is severely imbalanced in B2C transactions, and abusing that it is why consumer protection laws exist. Given the widespread acknowledgment of the abusable nature of that relationship, the only reasonable expectation to abusing it that doesn't rise to the level of crime or tort is still loud public disapproval.
I personally think they were both completely in the wrong, but I get where he's coming from. Heck, the guy probably hangs out here and felt like he was in the right given the reaction to Musk's childish stunt.
Why not?
> to speak of firing customers is an abusive cognitive power play.
The guy responsible for the term "fired" was well known for abusive power plays - http://meta.ath0.com/2015/03/17/etymology-of-youre-fired/
> Patterson had a way to deal with executives who particularly displeased him. in a previous case, he had the businessman’s desk and chair dragged out onto the lawn, where they were set on fire. Apparently Watson’s desk was similarly dragged out and burned, and the man himself was dismissed. When other employees asked where Watson was, Patterson simply said “Fired.”
I strongly disagree with the assertion all customers can be dealt with "civilly" while still remaining sane. Customer irrationality is widely varied, and sometimes you just need to take matters into Fate's hands to get back to rationality. OTOH, it's not something you want to do regularly, with the customers that is.
Nope, it does.
His original post (not posts) pointed at foul language first and foremost, which was then compounded by posting an equally charming Amazon review without making any attempt to wait for a reply. So his follow-up matches the post that led to this whole brouhaha.
But let's not allow this ruin all the fun of the vigilante justice and trying to beat the living daylights out this guy.
This is bullshit.
Part of what makes humans work is the fact we often won't take abuse even though it might make financial sense to let's our selves be abused.
You have every right to deal with it civilly, but the few business owers who don't deal with a$$holes are making your life better.
No comment on this particular case.
So the cloud services must be continually supported by selling new devices at an exponentially increasing rate to support both old and new customers.. In other markets this is called a pyramid scheme where new investors pay off old investors...
I will not buy a IoT product that does not some with a Self Hosted management option, preferably open source, but at minimum installable binaries to run on my own server. If they want to provide their own service for the less technical clients more power to them, but for me self hosted or no buy
Recently, a clerk with the local/county municipality showed be a circa 4 am toilet flush and hand washing at my place-- based upon the single spike and amount of water used. Me slightly creeped out. The new remote-read water meters break down usage to at least the hour level -- that's what the interface she was in provided.
I can't go to the can without someone "watching". Do I start "obscuring" or "polluting" my toiletries with random flushes and runs out to the backyard bushes?
Maybe I need to roboticize this with a Raspberry Pi (overkill?) or Arduino. (But what random number generator/source do I use?)
If I had money to burn, I could install a cistern that I would draw into only periodically in large bursts.
My water meter is, via a local 433 MHz uplink, on "the Internet of Things". My friend's dog now has more privacy with regard to his bowel movements.
If it were some medical device, you would expect that its supported by a large company, the device has gone trough mandatory certifications, etc. But that would also show in the price of the product, or the volume at which those products are produced and sold.
The mistake is expecting that every gadget maker provides service such a multi-billion dollars corporation can. It simply can't, its a single-person company and that person has its limits. So you either have to deal with some roughness, or you dismiss everything not backed by a large enough company. Not that big companies can't be assholes, they just know how to be assholes less personally.
I agree with you completely. Devices that rely on external servers are not OK. My house's automation uses IoT devices that host their own servers, and/or communicate with those locally that do. I had to build them myself since no company I could find offered anything like this. I'm not a snowflake either, other engineers have done the same.
Currently, IMO, the only reasonable solution to home automation is to do everything yourself, from absolute scratch. Commercial solutions are a combination of insidious spyware and stuff that will become useless when the company becomes acquired, dies, or gets mad at you and shuts down a server.
Even if the device is well-designed and doesn't malfunction, a device might function all-too-well, and act against the consumer who owns the object.
When you have a smart device that's smart enough to be too smart to let you freely benefit from it, everything becomes a rental at best.
If we let this happen, it could very well be a step backward from the status quo of planned obsolescence. (planned obsolescence is also a bad thing, just in case anyone needs that spelled out)
This story brought back memories. I supported software shortly after graduation and the lead developer once joked with me about how we ought to just give people their money back if they couldn't make it work after a certain period of time. Nobody ever let him near customers without supervision. But even he, when confronted with customers disparaging his work, could cope by hand-holding the customer or asking them how they thought the program ought to work instead.
Garadget will fail.
But in all seriousness, I wonder at which point the decision to rescind an IoT 'service' becomes unacceptable. Obviously doing so with a medical device or a moving vehicle during operation would be criminal. But how about a smart home lock? A security camera / alarm system?
"We can disable the ignition but not while you're
driving," Melanie Boudreau, a spokesperson at IMETRIK, a
Canadian maker of starter interrupt devices that run
around $100 each, told Fortune. "We don't want to kill
you."
Maybe in a not so distant future or political regime, this stance on not killing people may change. Remote kill switch are not limited to ignition, there's a moving vehicle version intended for police use to stop a car chase[1] so there's that, we can expect this[2] to be done on moving vehicle in the wild at some point[3].[1]: http://abcnews.go.com/Business/Autos/story?id=3706113&page=1 [2]: https://www.schneier.com/blog/archives/2010/03/disabling_car... [3]: https://www.wired.com/2015/07/hackers-remotely-kill-jeep-hig...
Seriously?
I think the support guy/founder should have taken the high road, for reasons that are all too obvious based on the number of HN stories I've seen about this.
But, if my kids ever spoke to a stranger like this, I'd make them go clean up dog poop in this person's yard and apologize. "C'mon, we're getting on a plane!"
And further, if your opinion of a product is that it is a "piece of shit", why would you get mad when the product is disabled and you are offered a refund? Are you expecting them to turn a piece of shit into a unicorn? If it's a piece of shit, a refund is exactly what you wan't, isn't it?
Amateur
The interesting question to me is what exactly you buy for $99: just the device ? Is the cloud-based service included in the price also? Especially since the developer can only make an assumption as to how long (in years) a customer will be using the service.
So for $99 you clearly bought not only a device, but also the required service.