Public Notice regarding devices being disabled if new terms of purchase and service are not agreed to

That is exactly what Roy was attempting to say but in not in so few words.
When it becomes objectionable.

 If you look at some of the bigger companies such as ADOBE you can see how little by little they started to changer there policy until CS6 was no longer even supported on any machine forcing everyone to Subscribe.    

Many of us Paid $3500.00 for the Life Time Suite however there was a special addendum to the Adobe Software policy update that they called End of Life Contract and they got everyone really good. In the end we all had to pay for the Subscription as our Software was ended.

I suspect that is where Glow Forge is heading as we continue forward as they continue to follow Trend.

Oh my goodness… a lot of people beating up on poor Roy here. Not necessary. He brings up a perfectly valid point and a great question. Many agreements don’t change.

Anyway… this just in from Glowforge HQ… :wink:

And many do.

No, he factually does not. This spurious and verbose thought experiment is entirely predicated upon his own self admitted lapses in memory and record keeping ability.

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Elka,

The fact that he’s incorrect in his belief that Glowforge can not change the terms of service does not mean his point is invalid. It also shouldn’t invite many of the comments that he received.

I think that if Glowforge announced tomorrow they would be shutting down in 30 days, or even just degrading their service considerably, there would be a lot of upset people.

I recently had this happen to me with Automatic.com. For those who don’t know, Automatic.com was a great deal. For around $120 you received a device that plugged into the OBD-II port of your vehicle. It tracked GPS, milage, trips, read vehicle error codes, etc.

Like many other companies in the United States, the COVID-19 pandemic adversely impacted their business. They discontinued the service on May 28, 2020.

This is NOT much different than the Glowforge model.

Everyone paid for a device… sort of thinking the device was the product… when in fact the REAL product was the cloud/software platform.

Automatic did offer a very brief period of time for people to “jump through some hoops” and request partial refunds but the end result was a lot of unhappy and abandoned customers.

It always pays to read the fine print… always. I think Jules did a fantastic job of talking it all out so I won’t bother to rehash that.

I’m simply saying that I think Roy brought up a perfectly valid point… even though he agreed (in the original TOS) to be subjected to an essentially never-ending series of “TOS changes”.

I think the vast majority of Glowforge owners never even bothered to read the click-through agreement and many assume the Glowforge IS the product.

Roy’s device NEVER should have been “bricked”. He should have been given notice (per the TOS) and at the very least he should have been given an option to flash his firmware and make his Glowforge unit work independent of the cloud. Back in 2015 that was something Glowforge said they would do. To date, I have not seen that. (I know there is an “Openforge” project or something like that but I don’t believe that’s the official Glowforge firmware offering. - Someone please correct me if I’m wrong.)

-Novak

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I’d like to stop responding (and I will try) but I want to correct things that are incorrect.

You miss the point. The problem here is that Glowforge is making the claim that they can change the terms of service in any way, at any time without recource and that you have already agreed to all future changes. I do not believe this is legal. For a contract to be valid, both sides must understand it. It is not possible for you to understand future changes you have never seen.

This is the first time I’ve seen anything like this. My machine is almost three years old.

Boy, I hope you’re wrong (and I hope you meant $39.95 per year not per month!). But, Glowforge believes that you have already agreed to that. You’ve also agreed that they can…

  • Charge you by hour of use

  • Add the Glowforge logo to all your products

  • Demand a percentage of the revenue you make from the Glowforge

  • Demand a percentage of all your revenue, no matter how you make it.

Yeah, maybe some of these are unlikely, but, if they are allowed to unilaterally change the agreement, all of those, and more, are possible. Will Glowforge clarify and explicitly state what limitations there are on changes that we have supposedly all agreed to in advance?

Some have made the claim that Glowforge had to make these changes because of Glowforge Premium. That’s not true. They could have created a separate agreement.

I agree and I hope you’re right. Glowforge should put it in writing.

Not true. And there’s no reason to get personal. I’ve said repeatedly that I do not believe Glowforge has the legal right to unilaterally change the agreement and claim that we have all agreed in advance to any changes they might make. This isn’t about my memory or whether I have a copy of any prior terms I agreed to (or whether they’ve ever sent me a copy or a confirmation [they haven’t]). This is about their terms, plain and simple.

I sincerely hope all this becomes moot (and I would love for Glowforge to clarify this). I’m putting this out there (and taking crap for it) because there may be a day when people need to say “Hey, remember October 2020 when Roy Leban said …”

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Bringing awareness is really good for those that might not have a clue .
I hope I am wrong also but after what Adobe got away with I have come to understand where the future is headed and it slow but very methodical , Maybe will get in on the old Grand Father Clock rule and not be subjected to some of it.

Thanks Roy.

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It’s remarkable how upset people are that you’ve pointed out a way in which Glowforge is treating its customers poorly. When I buy a refrigerator, I don’t expect to have to pay more to use features 3 years later. The idea that we’re not buying a machine is mental contortion, as the device is enormous and takes up physical space, unlike Adobe CC or other services. We all understand that it’s a hybrid and we all understand terms of service but I’m with Roy that just because it’s in the TOS doesn’t mean it’s good, moral, or even legal. Plenty of companies have been sued successfully for things in their TOS. Unfortunately, most of us are suckers when it comes to these things, myself foremost among them (see my $700 worth of Arlo cameras that I stopped using because their “premium” subscription wasn’t something I wanted to participate in). We paid several thousand dollars for the machine. The cloud has not appreciably changed for me in the way that I use my glowforge since day 1. There’s really no reason I should have to accept new terms to keep using it fully. I understand that some lawyers tried to make sure I had no rights whatsoever except to go pound sand when I first agreed to use the machine if I didn’t like future term changes, but unfortunately, that’s what’s considered being a “good lawyer.” Roy, thanks for pointing this out. I really wish companies would realize that without customers, they can’t exist, and that customers that stuck with you through the rough times (see multiple delays on first delivery for most of us), should be treated with reverence instead of contempt. I don’t think any of us are asking to have our ass kissed - just to be treated honorably by a company we did right by.

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Wow, that was a lot to read.

This appeared to start out talking about if what they did was “legal” and it looks like there are enough loop-holes that the answer is “yes”.

Now it seems to me that a lot of people are just worrying about what a company of a device we love might do? Can we all agree that we love this machine they have sold us? If not, get rid of it. Life is to short worry about things like this. It is good to be prepared, but this seem far beyond that.

This feels like an attack on a company fueled by fear. That may not be the intention of some, but that is how it feels to me. Fear of what “might” come. Fear like this keeps people from leaving their homes. It keeps them on the internet where no one can see them and they are safe to say whatever they want, even if they would never say that to your face.

Fear is ugly. But what can we do about? Many people have many ways to deal with fear. Knowledge is a big way to get around fear. Study the subject. Get to know the people. You more easily trust people you know. Participate in the community.

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I’m not sure anyone is upset, other than roy. I’m mildly irritated by the hyperbole on both sides. This feels like a modern political debate, where nobody is willing to acknowledge any nuance: just take a position, dig in, and turn it to 11.

Also, the argument about cloud services and Glowforge being a connected machine that relies on a backend service and “turns into a brick” without it is just so tiring. It’s been done before and before and before an before and there is nothing new to say. Nothing. You take it or you leave it. Some of us even appreciate it. But regardless of how we feel, local firmware is not a thing and will never be a thing.

As for the rest, well, there are points on both sides. When we buy something that depends on a service to work, we are indeed at risk of losing access to that thing. And there are plenty of examples, including the several cited in this topic, of companies making real dumb moves. It’s not unreasonable to worry, and a Glowforge is a much more substantial investment than a home router. Perhaps Glowforge could do more to offer some reassurance to their customers.

But I draw the line there. I see all kinds of malice attributed to Glowforge that does not have any basis in fact. They could do this, they could do that, they could change the TOS to steal your cat. They have a pretty good track record of not doing any of that. All the stuff that worked when you bought your machine still works, and it even has some new features. All of these strawman arguments about how the terms could change to contain horrible things have no bearing on reality.

Two things which are true: terms of service have to change, and they do change all the time.

I have been on and managed software development teams at a variety of companies. It is absolutely out of the question for Glowforge to let you decline the updated agreement and keep using the old software. The maintenance and support costs for that would be enormous and unsustainable. So as they move the software forward and introduce new features, they are going to have to keep updating the terms. When it was introduced, there was no optional subscription service. There was no library of licensed artwork you could include in your designs. As the service evolves, the terms will have to keep up. Even if it doesn’t, there could be simple things like changing an address. “Just let me decline and keep using my machine” is not a choice in any rational universe.

The fact is, most companies just change the terms when they want and don’t put up an interstitial page. I just did a quick search of my e-mail and found dozens of examples, here are just a few. Note that they all say you accept the new terms if you use the service, otherwise you’re welcome to go away.

image

image

image

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I was gonna add something, but @chris1 just said it better. Doesn’t look like we’re gonna change anyone’s mind here.

Since the weekend is over, I have no doubt that legal will be brought up to speed shortly on Glowforge’s end. It’s their job to look into this, not ours, so let them do it. (Besides, they get paid a lot more than I do.)

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yet your refrigerator doesn’t do anything NEW 3 years later.

your GLOWFORGE DOES!

it has been updated to be much faster. you have new options in the interface.

now does that make subscription “services” any less annoying? Hardly.

but without a recurring revenue stream, most companies cannot survive.

the service contract on my cell sorter is 40k a year at work.

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It wasn’t. It still works exactly as it did before, he just chose not to move forward

He was

He was

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It suddenly stopped working, with no advance notice, no alternative to agreeing to a new terms of service. Call it whatever you want.

I think the courts would say we were not given any notice.

I actually don’t want to flash my firmware. I just want it to continue doing what I paid for. They have repeatedly promised that would be the case, but the terms of service allow them to do otherwise.

Dan affirmed today that we all have a free, lifetime membership.

… Glowforge Print (the free, lifetime membership that comes with your Glowforge) …

He doesn’t say what happens if your Glowforge gets replaced and there are some other things glossed over, but it’s nice to see Dan affirm this so soon after forcing everybody to agree to a new terms of service.

I fully support Glowforge’s right to launch Glowforge Premium and even to charge more per month than you’d pay for all of Adobe Creative Cloud :slight_smile: but I am concerned that “Fast Lane print prep” will eventually turn out to mean that everybody who doesn’t pay will experience slower service. Dan says that we’re actually getting faster service. Hope that’s true!

Most importantly, I don’t want to help set the precedent that Glowforge can change whatever they want, whenever they want, and I do not believe that it is legal, even if anybody has agreed to a terms of service that said they could. I honestly do not understand the people arguing against this. The comparison to software services (especially free ones) is not valid. Maybe you think it’s not worth your time, or you’ll worry about it later, but does anybody really want to give Glowforge complete control, forever, over their machines?

I (knowingly) bought a cloud-based machine, so I guess the answer to that is “yes.” :woman_shrugging:

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That whole article is about changing terms without notifying the user of the changes. I think the fact that you have to click through to accept is a pretty indication that you’ve been notified.

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I agree with you ; please send me a message .

I read the whole thing. Including the conclusion:

So, here’s my suggestion: create an affirmative obligation to provide users with notice of any changes to the terms of service agreement.

I mean, it’s literally about that one issue — not providing notice — all the way through. Like I said. It doesn’t argue that you can’t change the terms, just that you can’t quietly change the terms.

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yes as i mentioned that is the example they sus out, but there are also discussion of users rights, what is and what is not material and who decides that, etc. its a good read and leads to more investigation of similar decisions and articles, so, for ME, I wouldn’t characterize your initial assessment/comment as accurate summarization of the whole. but anywho. you have your opinion, as do i, I guess we’ll just have to agree to disagree. asta la pasta.

Glowforge aside (I know I know) - right to repair and DMCA are quite interesting topics.
I’m not sure how many are aware of the John Deere repairs as well as their telemetry data collection/ownership issues.
Thankfully Glowforge isn’t brickable ransomware (I don’t want to finish this sentence with yet)

Somewhat old articles, but may be of interest: