Upgrading all a matter of numbers for Adobe

By Michael Foreman

Adobe New Zealand remains evasive as to whether it will provide version upgrades for parallel imported copies of its software sold at The Warehouse.

The software went on sale at the new Mt Wellington store during Labour Weekend at dramatically low prices compared with other retail outlets. Copies of Adobe Photoshop, which offered the biggest saving, sold out on the first day.

Asked whether the software could be upgraded, Adobe New Zealand country manager Nils Beehre last week said he could not give an answer until the product serial numbers had been checked.

But Warehouse merchandise manager Phil Sharp was adamant the software was "legitimate stock and perfectly legal" and that customers should be entitled to upgrades from Adobe's New Zealand distributors Tech Pacific and Renaissance.

In a leaflet promoting the Mt Wellington store opening, The Warehouse advertised Windows versions of Adobe software including Photoshop 5.0 for $199.99 including GST as "fully upgradable." The usual retail price of the current version of Photoshop (version 5.5) is around $1500 excluding GST. Upgrades from version 5.0 to 5.5 cost about $300.

Mr Sharp did not wish to name the trader from which it bought the software, but said the consignment had originated from Australia.

The assistant chief executive of the Consumers Institute, Peter Sutton, said if a buyer had paid for a full version of the software and had a valid copy of the software licence, "then it would seem reasonable that you would expect to be able to upgrade it".

But he pointed out he would seek assurance from the retailer that the software was upgradable before making the purchase. As a last resort he said the consumer would be able to take the matter to the Disputes Tribunal arguing the point with reference to the Consumer Guarantees Act and the Fair Trading Act.

In an effort to get a response, the Business Herald obtained sample serial numbers from copies of Premiere and PageMill on display at the Warehouse and sent them to Adobe for checking. Mr Beehre initially referred us to Adobe's 0800 call centre based in the Philippines as he "did not want to spend any time on it".

After repeated attempts over several hours to contact the Philippines number and finding it engaged every time, we contacted Mr Beehre again.

He reiterated that Adobe was "making no guarantees" on whether the software shipment, which he understood to amount to 1300 units in total, was upgradable or not.

But he did say that if the serial numbers were valid for Australia or New Zealand, the software would be supported and could be upgraded. If they were serial numbers from other countries however then they could not.

"That's the risk you run when you buy parallel imported software," he said.

Late yesterday afternoon Mr Beehre rang back to say he had asked Adobe's Sydney office to check the serial numbers. He said buyers could also e-mail serial numbers for checking via www.pacific.adobe.com/support/main.html and that the trouble in contacting Adobe's call centre had been traced to a telecommunications fault that had affected all 0800 calls out of New Zealand.

But he was still unable to say whether Adobe would upgrade the software.