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Interesting Opinion...

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Mike Petty
Interesting Opinion...
on Jun 25, 2011 at 6:58:44 pm

So I am playing golf with my pal the corporate attorney this morning (not my company's attorney mind you...I could never afford this dude) and we're talking about the sturm and drang over FCP X. His response was pretty straightforward (and I am paraphrasing)...

"Ask the people who are complaining or feel that they have been wronged to please produce the contract that they have with Apple to produce software to their precise specifications and I will be happy to represent them. Oh, No such contract? Good luck...See ya...dumbass"

He then went on to ask about why would anybody invest their entire company's assets in one process (or software platform) with no back up plans or exit strategies. Though not likely, what if Apple just folded or was bought out and the buyer discontinued the platform...or whatever. What would you do then?

It is gross mismanagement to not have legal protection or recourse when you heavily invested in a single source resource. Absent that it is gross mismanagement to not have a back up plan that can be integrated immediately. There are plenty of other options (which also prevents any monopoly issues) why would you not be prepared to immediately go to a back up? If the production houses who invested in FCS/FCP exclusively without legal protection or an immediate exit strategy were publicly held, the stockholders would "rise up and slay management" for incompetence (I think he stole that one from Lewis Black)

I asked about implied contracts...moral obligations...promises by Apple to produce a pro level product...He basically just looked at me like I was a moron.

But hey...I shot an 82.


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Jamie Franklin
Re: Interesting Opinion...
on Jun 25, 2011 at 7:05:38 pm

I appreciate opinions from all sides, but a lot of this wall of text stuff is really boiling down to cheap shots.

If we can't work together on improving something that might be inevitable, maybe we could pick up the class in this joint...


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Mike Chedwick
Re: Interesting Opinion...
on Jun 25, 2011 at 7:14:48 pm

100% true Mike. If anyone thinks Apple cares about anyone other than their bottom line they are deluded.

I use FCP Studio 3 and AVID MC 5.5. When Studio is totally obsolete I will be full time AVID with ADOBE waining in the wings.


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Jeremy Garchow
Re: Interesting Opinion...
on Jun 25, 2011 at 7:23:57 pm

[Mike Chedwick] "If anyone thinks Apple cares about anyone other than their bottom line they are deluded."

And Avid and Adobe don't care about turning a profit? You think they work to lose money?


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Mike Petty
Re: Interesting Opinion...
on Jun 25, 2011 at 7:32:36 pm

I forgot to add his final comment (similar to your point)..."The only group Apple has any obligation to is their stockholders. Period"

Standard lawyer comment but, true.


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Stefan Buhrmester
Re: Interesting Opinion...
on Jun 25, 2011 at 7:15:54 pm

So your attorney pal friend basically sais that whoever buys a product that is full of bugs and is proven to be falsely advertised and complains about this, is a dumbass? It's people like this who make me angry and question the world.

For the following part, the base of his argument chain is completely wrong. If a company invests and builds a business on a technology that is proven to work (FCS) there is nothing wrong about it. Apple can't decide to just kill all the existing solutions. They still work and continue to work.

I presume he wipes his butt with dollar bills, therefore I don't believe he cares about moral obligations and similar unnecessary stuff.


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Mike Petty
Re: Interesting Opinion...
on Jun 25, 2011 at 7:54:05 pm

I think we can all agree that part of a lawyer's job is to irritate people. That said...he was not remotely addressing whether Apple has made a good or bad product (and neither am I). He was saying that anybody who bet's their proverbial ranch on one software platform without having some sort of legal protection is...imprudent.

Don't you think that Ford, for example, has about a 10,000 page contract with the company that makes the software for their assembly lines? We all take a gamble with our businesses investing in retail software as the basis of our production. And since it is retail software we cannot have contract that specifies delivery of any given feature.

So that being the case his point is it is our obligation as business owners to have a back up plan, alternative software platform or exit strategy...which is true.
This release is proof of exactly that. If you cannot work with FCPX you better have had a back up plan or you are in big trouble.

And as far as moral obligation...well that is a pretty nebulous concept in business. And back to the lawyer's point. This is business.

I hesitated posting his comments because I knew a lot of people would get wound up...but you cannot argue with the accuracy of what he said.


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Stefan Buhrmester
Re: Interesting Opinion...
on Jun 25, 2011 at 7:59:53 pm

Well I do not believe that any company in the world has based it's business on FCPX. If yes, then your pal is right, it's dumb. I assumed he targeted anyone who based it's business on one product, including well-established solutions like FCS.


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cam khoury
Re: Interesting Opinion...
on Jun 25, 2011 at 8:19:27 pm

I agree with your attorney friend on this one. But you have to consider that even automakers are required by law to supply spare parts for the duration of a warranty which is itself a legal obligation. The real problem here is the lack of any warranty on software, Apple's or anyone else for that matter. That's quite absurd in itself. The idea that you should buy software to find out if you think it suits your needs is absurd. I suppose that $300 is not so bad when you consider what you're getting but it still seems a bit like smoke and mirrors to me.


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Scott Davis
Re: Interesting Opinion...
on Jun 26, 2011 at 3:37:30 am

[Stefan Buhrmester] "Apple can't decide to just kill all the existing solutions."

Apple can decide to kill any product they feel like. Unless you have a contract with them, why are they obligated to provide you with anything? If one day the folks at Apple decide that "hey, this computer business sucks, lets quit and go live on a beach somewhere and surf; they absolutely can as long as they fulfill any legal obligations they have. You pull out the "moral" whip and try to use it to prove that somehow Apple is obligated to provide you with a product. Apple has no obligation to you.

You have the right to complain all you want; you don't have a right to demand Apple provide anything.

Oh, Apple didn't kill "all the existing solutions". Avid, Premiere, Vegas, Edius, Media 100, Lightworks......

Scott Davis
View Scott Davis's profile on LinkedIn



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Bob Woodhead
Re: Interesting Opinion...
on Jun 25, 2011 at 7:47:59 pm

Business is business, of course.

Doesn't mean we aren't free to bitch about it. :)


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Mike Petty
Re: Interesting Opinion...
on Jun 25, 2011 at 7:55:08 pm

I wore the green for 3.5 years defending our right to do so! GBA.


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Scott Sheriff
Re: Interesting Opinion...
on Jun 25, 2011 at 8:48:06 pm

Yep, it our fault.

We should have know this is how they do business.
No business has any obligation to deliver a product as advertised.
It's is are own stupidity for not buying multiple redundant applications.
No business has an obligation to support a product it produces.
Creating a business around a product is stupid.
Complaining about lack of performance means you're a whiner.
Complaining about lack of support or service is childish and clogs the forum.
It's only money. If this doesn't work, just go buy something else.

What did I miss?

Scott Sheriff
Director
http://www.sstdigitalmedia.com

I have a system, it has stuff in it, and stuff hooked to it. I have a camera, it can record stuff. I read the manuals, and know how to use this stuff and lots of other stuff too.
You should be suitably impressed...

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." ---Red Adair


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Gary Huff
Re: Interesting Opinion...
on Jun 26, 2011 at 3:28:21 pm

[Scott Sheriff]Yep, it our fault. We should have know this is how they do business.

Are you trying to say that Apple has never done something like this before? It IS how they do business, and it's quite possible that they will kill off their pro line entirely (depending on what happens with the Mac Pro will be telling...if they kill it off, then they are well on their way to being an iOS-only company...if they address the concerns about FCPX and release a killer Mac Pro with screaming hardware, I'll do a complete 180 on what I think about Apple's commitment to our market).

I don't think you need to invest in all the current NLEs on the market, but you DO need to have a game plan when a company decides to go in a different direction that what your needs are and there's nothing you can do about it.


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wiremu harpuka
Re: Interesting Opinion...
on Jun 26, 2011 at 10:59:00 am

Yeah, I'm with Stefan on this. "See ya...dumbass" How old is this attorney; 14?.


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Pete Appleby
Re: Interesting Opinion...
on Jun 28, 2011 at 2:34:14 am

I agree it is interesting, but somewhat unrealistic. I wonder how many copies of Windows our government has licensed. If a software update crashes and burns, there will be lots of folks waiting for someone to fix the problem.

Seems that there are no easy answers these days...


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