Filed under: Analysis / Opinion, Software, Blogs
xPad developer says macZOT and Brian Ball ripped him off.
Since MacHeist is over, we need a new punching bag in the indie Mac developer arena, right? Last week Mac App a Day crashed and burned in a predictable fiery death. Now macZOT - or at least one of the key players behind macZOT - faces some scrutiny over a licensing deal he made with the original developer of xPad. The gist of it is that - according to Garrett Murray, the aforementioned xPad developer - Brian Ball screwed him out of over $4,000 in a rather unprofessional and weasily way. There's a slight catch, however, in that the way Brian got out of honoring a gentleman's agreement was by using the loophole that Garrett himself put in the contract! Oops.
Read Garrett's side of the story in detail on his blog (ahem... before you comment, please?) and decide for yourself whether he got played or not. Despite the very stupid mistake Garrett made by having a loophole in his contract that clearly had so much potential for misuse and disaster, I'm still taking his side on this one. I think Brian played dirty pool and that kind of behavior really shouldn't be rewarded, whether it's technically playing by the rules or not.
The end result - no matter whose side you take on this one - is the xPad is now free for all and anyone who paid Garrett for it, since November '06 when it defaulted back to him, is getting a refund.
Something tells me Brian also just got added to MacSanta's "naughty" list.
UPDATE: My follow-up and comments from Brian can be found in "Ball responds to xPad developer's claims."
Thanks Chris and Ryan!
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Reader Comments (Page 1 of 4)
Nawid Ahrary said 6:25PM on 1-04-2007
after seeing that I have to say "Fuck MacZot"
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Debbie said 6:36PM on 1-04-2007
Nawid---not sure I'd use those words exactly---but the sentiment is the same from me. Developers need more respect and compensation for the creativity and skill involved in their projects. Mr Ball is clearly out of line and I believe, this should be his demise!
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Splashman said 6:41PM on 1-04-2007
+1 for "Weasel."
Gentlemen honor the intent of their contracts. Weasels always find a way to weasel out of their contracts.
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Brian Ball said 7:34PM on 1-04-2007
There are not two sides to this story.
There is one simple agreement (the contract between the two parties.)
The contract was honored. That's really all there is to it.
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Joey said 7:08PM on 1-04-2007
What's particularly bad is that Brian continued selling xPad *after* he clearly intended to get out of the contract via the developer's fail safe clause. He should really repay any money he made during that period.
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Kevin S. said 6:50PM on 1-04-2007
Ball was out of line and unprofessional -- but Garret Murray added that line to the contract screwing him over. He should have consulted someone with legal knowledge - that is not just a loophole, that is giving someone an out of the contract.
Big mistake.
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luke said 6:58PM on 1-04-2007
wow, what an ass. You agree to buy something for a price, you sign a contract, then you should honour that! especially in these circumstances.
Purposly not replying to emails and messages just plain sucks, devious and plain wrong.
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RYan Powers said 6:52PM on 1-04-2007
I spoke to Garrett earlier today and I am quite impressed with the graceful way in which he's handled the whole affair.
Mr. Ball ought to be ashamed of his conduct. He may have saved a few bucks in the short-run, but stunts like this will poison all his future business dealings.... shame, shame Mr. Ball.
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Jon Hicks said 6:53PM on 1-04-2007
I too, am with Garrett on this one. This sort of appalling behaviour will cause rot within indie Mac Development. I'd love to hear Brians side of this too, because it looks as if there isn't anything that can he can say in defence.
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Jamie J. said 6:56PM on 1-04-2007
I'm with Kevin S.
It wás a stupid mistake from Garrett but Brian screwed him bigtime.
Very, very unprofessional.
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luke said 7:03PM on 1-04-2007
btw, who is Brian Ball? some teenager
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Catherine said 7:14PM on 1-04-2007
Oh wow, brilliant business practices. Some of these shareware developers are either really desperate or just downright heinous. With this out of the box, perhaps some of the Juan Alvarez Cha-Ching scandals will be brought to the spotlight as well.
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Frabjous said 7:20PM on 1-04-2007
There's some additional dialogue between Garrett and Ball in the comment threads on Digg.
http://digg.com/apple/Brian_Ball_of_macZOT_screws_developer_out_of_5_520
Garrett also says that any ad revenue he gets from the xPad site will be donated to the National Multiple Sclerosis Society.
There aren't usually good guys and bad guys in these sort of events, but this is clearly an exception. Personally, I'm not giving MacZOT another cent and I hope this cripples its future business.
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Frabjous said 7:21PM on 1-04-2007
What are the "Juan Alvarez Cha-Ching scandals?"
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Michael said 7:23PM on 1-04-2007
Almost daily I wake up only to be greeted by an email from Brian Ball and the Zot of the day.
As of today, NEVER will I receive that email again. I am boycotting him and not giving him another penny. That is about as unprofessional as someone can get. I purchased xpad through MacZot and would pay for it.
I'd like to congratulate the developer for being the better person and making it freeware. Sorry you got screwed over. Thanks for opening up our eyes to how MacZot does business.
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Stansell said 7:28PM on 1-04-2007
I have been a MacZot purchaser several times.... And I have been a TUAW since early days and have never posted a comment. But this got me to post. This is just horrible.
MacZot... I bid you farewell. I will no longer purchase any products from you.
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anthony said 7:43PM on 1-04-2007
Nice response. Makes me happy to know I won't ever be receiving your daily emails or purchasing from MacZot ever again. Good work of alienating your customers and becoming the shareware equivalent of Jack Campbell.
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Nik said 7:43PM on 1-04-2007
No one is questioning the validity of any actions regarding the contract or the fulfillment of it.
You, Mr. Ball, are a dirtbag. That's really all there is to it.
(No more Zotting for me.)
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MJ said 7:51PM on 1-04-2007
Well, Brian -- You have to do better than say *only* that if you want to keep your costumers. I got xPad via MacZot and I love it (I use it all the time). But MacZot is, not only decreasing in quality, but apparently also being dishonest. I'm not a happy costumer anymore and I have this feeling several others are thinking the same. No more MacZot for me, unless I get convinced that contract was fairly honored. I haven't seen that so far.
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Extensor said 7:57PM on 1-04-2007
To Zot or not to Zot?
NOT!
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