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August 27, 2006 04:05 PM

Categories: General Sling Related Discussion

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ckbook28

Member
Joined: 09/30/2005

 Our public beta test (the one anyone can download) should be made available in late August. Commercial release will occur in September. 


Well its starting to look like Sling Media is gonna miss another date.  It was also stated testers would start testing beta early July.  As far as I know no one has started testing any software yet.   Maybe it time for sling to start offering refunds for those people who were told they would have the software for mac by now.  Jeremy dont give me the BS about how difficult the transition from powerpc to intel has been because the majority of us know that is BS.

Discussion:    Add a Comment | Comments 1-20 of 53 | Latest Comment | 1 2 3 Next »

japanime Avatar
Member
August 27, 2006 6:20 PM

A couple of weeks ago, I posted (in the Sling Community) my opinion that the Slingplayer for Macintosh was "vaporware."

Jeremy responded to my post not with a follow-up post of his own, but instead with an angry, private email in which he called me "frustrated and intolerant." He concluded his rant with an invitation to contact him via email "if you'd like to respond."

Respond to what? To a marketing director who just took time from his busy schedule to privately contact me me--a paying customer--so he could tell me that I'm "intolerant"?

Is that what they teach people in marketing school--to contact and insult and harass the customers who express disappointment with the products they bought from your company?

And does Sling condone such behavior from its employees?









NA9D Avatar
  Moderator
August 27, 2006 8:13 PM

With all the griping by all the people on Sling Community about the Mac version, I'd be tempted to say, "Forget you" if I was an exec at Sling Media.  I want the Mac version too, but when I bought my Slingbox I was under no illusions that I was going to get a Mac client in the near term if ever.  I do want it and it is icing on the cake, but the last time I looked, the packaging on the box and the requirements on the website still state that you need a Windows XP capable machine....


Slinging w/ Catcher, ProHD, Pro, Solo, AV, and a Classic. 3 Replays, Roku Photobridge and a Roku Soundbridge, AppleTV, Vudu, and TivoHD. www.na9d.net Follow me on Twitter

Generic Member Avatar
Member
August 27, 2006 8:23 PM

In case you forgot Slingmedia announced support for the mac by 2nd quarter so if sling wants to say "forget it"  I can say "lawsuit". 

Dave Zatz Avatar
Member
August 27, 2006 8:41 PM

ckbook28 said: In case you forgot Slingmedia announced support for the mac by 2nd quarter so if sling wants to say "forget it" I can say "lawsuit".

Good luck with that. Wink

ckbook28 said: It was also stated testers would start testing beta early July.  As far as I know no one has started testing any software yet.

Actually, Jeremy said sign-up for beta testing would begin in July. Which it did. If there were private beta testing going on, I imagine the participants wouldn't have permission to discuss it publicly. 

Like everyone else, I'd rather see Mac support released sooner rather than later. There is obviously a pent up demand for this and the Mac community may be a niche but is vocal and has buying power. I assume Sling sees things similarly and wants to get it out as soon as they can.

Slingbox SOLO w/ ASUS Wireless Bridge streaming TiVo Series3
Zatz Not Funny!

NA9D Avatar
  Moderator
August 27, 2006 8:46 PM

What is the basis of your lawsuit?  They made no legal claims or statements.  Companies say they will come out with products all the time and then later change their minds about it.  If a company decides that their limited resources are better served elsewhere, they would be stupid not to go where they can make the most profit.


The packaging on the Slingbox and the SlingMedia website say ABSOLUTELY NOTHING about Mac compatibility.  So they made a press release about it.  Big deal.  Companies make press release all the time that turn into nothing.  

Sling does not OWE YOU ANYTHING.  I can't believe how many Mac users on these forums think that SlingMedia owes them something.  THEY DO NOT.  If you bought a box before you had a computer that would support it IT IS YOUR OWN DARN FAULT!

I'd like to see you attempt a lawsuit.  I'd laugh.

That said, a beta program is underway.  And just because Japanime wasn't picked to be one of the beta testers doesn't mean that it isn't underway.  Nothing has been said about it probably because the NDA they make you sign prevents the beta testers from saying anything.

For crying out loud, their started working on the Windows Mobile Smartphone software in what, January and it was just finally released as a real product last week.  That's on a stupid phone.  But if I was SlingMedia, I'd do the same.  Developing a truly mobile software solution for use with their product before supporting a platform that is 7% of computer users is a very good idea.

Don't get me wrong.  I'm sitting here on a MacBookPro writing this.  I want the Mac version too, but just cause Sling promised it doesn't mean I'll get it.

Grow up.

Slinging w/ Catcher, ProHD, Pro, Solo, AV, and a Classic. 3 Replays, Roku Photobridge and a Roku Soundbridge, AppleTV, Vudu, and TivoHD. www.na9d.net Follow me on Twitter

dietamstel Avatar
Member
August 27, 2006 10:02 PM

Dear NA9D,


You might want to take it down a notch on your bashing of people who did actually purchase a product based on something that a company did promise. These users are supporters of the product and are simply expressing their respective opinions. Before you continue to making it seem like all the others are wrong and out of line, you might find the actual press release by Sling Media with regards to the Mac Client. Located at:

NA9D Avatar
  Moderator
August 27, 2006 10:29 PM

Again, I don't care what the press release said.   Companies promise things all the time and then for whatever reason change their plans about a product or service.  Just because they said it would happen by a certain date doesn't mean that it will happen on that date or ever.  If you bought a SlingBox based on the promise of Mac software it was a gamble on your part.  So don't cry if you never get your support because at this time, it's not supported!


I'm bashing the people who whine and cry like my two year old who think SlingMedia owes them something just because they bought a SlingBox and SlingMedia made a "promise."

I'm not saying people are wrong to purchase a product based on a promise.  What I am saying is wrong it to whine and complain about an outcome when you knowningly took a risk on that outcome.  It's like going to Vegas and crying to the casino because you lost your money in the slot machine while the person seated next to you hit the jack pot.  

The real truth is that the Mac client is coming.  It's in private beta right now.  But just because it moves slower than people want isn't reason to bitch and moan about it.  Everybody says how it's just b.s. because moving to support the application as a Universal binary can't be that bad.  Well, did you Mac users know that the Sling data stream is based Windows Media Video (WMV) and there is NO Mac client out there for it?  So it's just not a client software we are talking about but developing a codec that is compatible with WMV, etc.

My point is to just chill and wait.

Slinging w/ Catcher, ProHD, Pro, Solo, AV, and a Classic. 3 Replays, Roku Photobridge and a Roku Soundbridge, AppleTV, Vudu, and TivoHD. www.na9d.net Follow me on Twitter

japanime Avatar
Member
August 27, 2006 10:47 PM

I feel that we should be able to express our opinions in this OPEN forum without fear of being insulted or reprimanded by a Sling Media executive in a private email message. 


That's all I was trying to say here.










byron Avatar
Member
August 28, 2006 6:24 AM

it is kind of ironic though that they specifically state "a mac release WILL be available 2nd quarter of 2006".... and then right below that they tell you where to go to buy one.. lol.

i'm right behind ya guys, i want to see this software ASAP!  even if it's in the form of a public beta.      

Generic Member Avatar
Member
August 29, 2006 1:10 PM

Can we get an update on the Software please?

Generic Member Avatar
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August 29, 2006 2:08 PM

This topic is childish as best.

In defense for japanime, Sling media better watch is mouth because anything you say represents the company. No company likes bad PR and you can be fired and held liable for your actions. So before you get all upset like some child who can't get a pony. I suggest you rethink what your going to say. Because in the business world crap like this is not tolerated. 

 

As for you mac guys, I own a mac as well, sure I am pissed my gamble is not working for my favor but I have no reason to complain because my hardware is not supported. Do I have the right to sue slingmedia? No, because it's a PR release, it's a "promise".

 Like any PR release it's just hot steam. I agree totally with NA9D on this.

japanime Avatar
Member
August 29, 2006 6:23 PM

I must say, I was absolutely shocked when I read Jeremy's email to me.

In the past, I have recommended Sling to many PC-using expat friends here in Japan. This past summer, three of them actually bought Slingboxes while in the States and set them in their homes before returning to Japan.

So, that's about $1,000 in sales I've generated for Sling Media ($250 for the one I bought, and $750 more for the three that my friends bought).

I have several other expat friends to whom I could recommend the Slingbox. But after Jeremy's insulting email to me, I don't think I'll be making any more recommendations at all.







Generic Member Avatar
Member
August 29, 2006 7:23 PM

I own a sling and run it on a PC so I could essentially care less about the MAC, but I do have comments on this topic. I think individuals on here claiming that a lawsuit against Sling is a absurd should rethink their boasting or learn a little about contract law. If enough consumers that purchased a sling owning a MAC were brought together in a class action suit, it most definitely could gain some wings. A judge would have to determine what is deemed a reasonable amount of time for the release, but in the world of technology it is a much smaller window of time than most products. If sling heads into 2007 without the MAC version being released, there will be a lot of angry individuals possibly looking to pursue this. If you as a consumer were induced to purchase a product on claims of it's future capabilities and performance and that product never met those claims, then the seller is liable to that consumer.

I have no issues with sling, except the quality isn't a good as I hoped for sports, but moderators on here have not shown a lot of class and professionalism. It's been a bit disappointing. Consumers of the sling should be allowed to come on here and vent their frustrations if there are problems. Part of being involved with business is being able to handle consumer complaints with a grain of salt and help provide a solution. That's just good business.

As for it Sling's press release as "just a promise." In legal terms it is a contract. Any purchase is essentially a contract. The contract is the purchaser paying X dollars for product A based on terms and conditions of that product. The contract must have consideration - some right, interest, profit or benefit accruing to the one party or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other. Sling not following through with their "promise" of having a MAC format in reasonable time would break that contract.

Sling release:

Sling Media will deliver SlingPlayer Mac in the second quarter of 2006. The software client will be available as a download from Sling Media’s web site and SlingPlayer Mac will also be compatible with all existing Slingboxes.

The Slingbox is a breakthrough consumer electronics product that enables consumers to watch their living room TV programming from wherever they are by turning virtually any Windows PC, Windows

I'm not trying to stir anything, but their are enough lawyers out there that one would/could pursue it. I think anyone affiliated with sling would be wise to say the delay is to make certain that it is the highest quality possible with no glitches so it is everything the consumers expects from us at sling. The wrong approach is to try to intimidate consumers and try to embarass them on a forum.

NA9D Avatar
  Moderator
August 29, 2006 9:30 PM

You have a right to your opinion, but a press release by a company is not a legal contract.  And no where in current literature or packaging or website does SlingMedia say ANYTHING about the Mac being support.  In contrast, it specifically says WINDOWS XP PC or Windows 2000 SP4.


If the packaging and/or the literature on the website stated something about Mac compatibility, then I would agree that would be grounds for a lawsuit.  But it doesn't.  I really don't think a press release is going to count as a legal document.  Every day companies make decisions to scuttle programs or products that had previously been released.  If that weren't the case, we wouldn't have the term vapor ware.

But think about this.  You paid $150 to $200 for your Slingbox.  Now you are going to line the pockets of some lawyer at the rate of $200 per hour just cause you have a grudge against SlingMedia?  And you'd be hurting the company that needs the support of technophiles so it can succeed.  I'll save you money and I'll buy your Singbox off you for $100.  Sure you'll be in the hole $100 but you'll be in the hole for a lot more while lining the pockets of your lawyer friend.

This sums the whole problem with our society.  People think that they are "owed" something and if they don't feel they are getting it they sue.  All it does is drive up costs and makes life more difficult for the rest of us.  Would it really benefit the thousands of Slingbox devotees if you sued Sling for $10 million and won?  No, it would probably hurt us and perhaps could cause Sling to go under.  So I say, "Thanks in advance."

And no one from Sling that I see is intimidating or embarassing anyone in the forums.  I don't work for Sling.  I just bought my Slingbox at the end of June.  Japanime claims to have gotten a threatening e-mail from Jeremy, but I haven't seen it and as far as I can tell, it's Japanime's opinion of it.  There's been no intimidation in the forums.

Enough on this...

Slinging w/ Catcher, ProHD, Pro, Solo, AV, and a Classic. 3 Replays, Roku Photobridge and a Roku Soundbridge, AppleTV, Vudu, and TivoHD. www.na9d.net Follow me on Twitter

Generic Member Avatar
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  • member since: 08/12/2006
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  • 24 comments
August 29, 2006 9:49 PM

That would be a case of false advertising not contract law.

I never knew a press release constitutes as a contract when the buyer or the seller has not even signed or agreed to anything. The packaging says for Windows XP, it does not state Mac, if it did you have every right to sue.  Also under the press release you said "promise" but looking at the PR I don't see it on there. So his point is mute.

 By buying the product knowingly that it only currently worked for Windows XP you agreed that you accept the product as it is. Purchasing a product does not constitute that you will get the mac version.

 Nor has the company induced anyone in any way, they only stated that they will be supporting the mac in the future. Inducing would be like "We will be supporting the mac in the future so go buy our product." That's inducing.

 They have already shown a workable version of Slingplayer on the Mac in Alpha stages, they will eventually release it.

Generic Member Avatar
Member
August 30, 2006 3:16 AM

Agree to disagree? You may have missed the earlier post with the link to the website, but here it is http://www.slingmedia.com/press/pressreleases-01.10.06.php

It is absolutely on the sling website and it advocates MAC users to go out and purchase a slingbox, citing locations to do so. You do not need to convince me of not pursuing a lawsuit. Like I said, I operate a PC, but I do think that NA9D is posting with a bit of arrogance and in a voice that you believe everyone else posting is inferior. "Bashing people that are whining like your two-year old?" People only feel they are owed what Sling said would be available. Whether it be stated on the website or on the box, Sling target marketed MAC users stating a release time in the 2nd quarter of 2006. The term "promise" was taken from an earlier post by NA9D, not the press release. To reiterate:

Any purchase is essentially a contract. The contract is the purchaser paying X dollars for product A based on terms and conditions of that product. The contract must have consideration - some right, interest, profit or benefit accruing to the one party or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other.

It may seem like a foreign language to some, but business contract law is a very broad field, which does include cases of false advertising. Plenty of lawyers take class action cases pro bono. I'm certainly not advocating anyone should pursue it because there are enough frivolous lawsuits bogging down our courts. Sling should also be given a little slack because they have put a good product on the market & they are not entirely too far beyond their expected release.

I personally had no stake in the argument, but found it rather rude when dietamstel politely asked NA9D to tone it down a bit. The response "I'm bashing the people who whine and cry like my two year old who think SlingMedia owes them something just because they bought a SlingBox and SlingMedia made a "promise."  I just think you're better suited if you try to show a little class and not tell people they are wrong about things you don't seem to have an educated background with. Everyone is allowed to have an opinion and not be considered a whiny two-year old.

Generic Member Avatar
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  • member since: 08/12/2006
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August 30, 2006 3:54 AM

Are you referring to this:

"The Slingbox is available for purchase from leading retailers including Best Buy, Circuit City, CompUSA, Fry’s and Amazon.com for an MSRP of $249.99. For additional retail locations or to order online from Sling Media directly, go to www.slingmedia.com."

 Please tell me how is that inducing? Again that's stated material saying where you can buy the slingbox, but it never says anything in regards to go buy one.

"Any purchase is essentially a contract. The contract is the purchaser paying X dollars for product A based on terms and conditions of that product."

 Upon purchasing your Slingbox the purchaser is paying X dollars for a product based on terms and conditions of that product. So the terms and conditions on the box state that it's Windows XP compatible, it does not state mac compatible. You agreed to those term and conditions upon purchasing the device.

This would not qualify for a verbal nor a oral contract of any kind and since there is no written documentation between the two parties there is no contract. 

To have this qualify as a Bilateral contract it would have to be Slingmedia inducing you, which is not the case. Also since no promise has been made in Slingmedia's part and only taken from the word of NA9D who is not a Slingmedia employee as stated by him . It does not qualify for a unilateral contract.

 So what type of contract does this fall on then superman2424?

Generic Member Avatar
Member
August 30, 2006 12:58 PM

"This would not qualify for a verbal nor a oral contract of any kind and since there is no written documentation between the two parties there is no contract."

A contract for the sale of goods will only be deemed unenforceable without a written contract if the sale of goods is above $500.

There are three factors necessary to create a contract: 1) an offer, 2) acceptance, and 3) consideration. One party makes an offer, the second party must accept the offer and there must be consideration exchanged. Consideration has to be something of value. All of these factors must be met for the contract to be enforceable.

Not to be rude, but do you understand the difference between a bilateral and unilateral contract? A sale of a consumer good is a unilateral contract. The seller(sling) is unilaterally offering the product to the consumer if the consumer gives the amount of money state by the seller. The contract can be accepted only by the payment of the money, not by a promise to pay the money. A bilateral contract is the exchange of promises between both parties. This is really becoming pointless and a discussion about contract law, unilateral vs. bilateral, and false advertising claims would take up make more space than this forum would be willing to support. The bottom line is that I am pretty certain that there are no judges among us and it would be "possible" for someone to pursue it. Yes it would take a low-life money chaser to pursue something like that, but nowadays it's not out of the question.

 The entire point to my post is that MAC users have the right to be a bit frustrated and should be allowed to voice that frustration on here in pursuit of some answers or updates. In my view, this entire thread has turned into a few people trying to appear as if they know more than they actually do or feel the need to talk down to people that are just looking for answers. Instead of debating whether or not the questions and possibilities of non-existent lawsuits are valid, maybe someone "in the know" can try to provide the answer to the original question......

Is there an update on the software?

Generic Member Avatar
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August 30, 2006 1:14 PM

Sorry, I know I been sounding kind of rude but I just can't understand how this all fits in with what you are saying, but I won't pursue this any further. We both have different points of view so I would leave it at that. But with a rude comment left to japanime, I doubt they will come out and simply repeat what they have said over and over.

 

japanime Avatar
Member
August 30, 2006 7:17 PM

In the email, I was labeled as being "frustrated and intolerant."


To me, that's rude. Others here may think it isn't rude, and that's fine--everyone is entitled to their opinion.

But that doesn't change the FACT that Jeremy actually took the time to send me a PRIVATE email because he disagreed with what I had to say here, in a PUBLIC forum.

To me, that's what is the most shocking--that Sling Media would permit its employees to challenge a customer by sending him a private email.




 

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