opendownload.de obssessed

I am currently totally obsessed with opendownload.de.

Alexander Varin and Olaf Tank, the “director” and “lawyer” for Content Services Ltd respectively are fantastic con men. Their business model is so simple, with minimal costs: charging for downloading services for freeware.

The apps you can download include: Apple iTunes, Skype, Google Desktop, Open Office and a multitude of other free apps.

Their services for these free apps include rating the apps, listing descriptions about the apps, providing a (well-hidden) link to the actual app page (!), and a link enabling you to download them.

As explained on their home page is (translated into English):

As a registered user of opendownload.de gives you access to all programs, including reviews. We regularly publish new programs.

Their storage costs are minimal – a server in Reading, and anyone can buy that. They offer a service support centre, but what is the probability that if you have a problem with the app, a mail daemon recommends you visit the app’s website?

So, all they actually need to run their business is:

• A laptop
• A secretary to answer the calls
• Someone who knows a bit of developing and engineering to locate the apps, download them to Reading, create mail daemons and create the opendownload website
• A person who can write “your account is due” letters and strongly worded legal letters

Notice that this can all be potentially one person.

So, even if only one customer registers and sends them 96euros hidden fee for the services, they win!

They have obviously spotted a niche in the market: the ignorant German and Austrian customer who isn’t internet savvy.

Content Services has identified various services that the same customer would fall for: greeting cards, names and surnames searches and “are you adopted?”. Their business model is scalable!

What is crazy is that there has been a fair number of complaints, not only to the German Consumer council, but also police complaints and Open Office Germany has a notice on their home page stating that they are not affiliated with web sites who charge to download their product.

So why are these guys still operating?

I decided to email the’ piracy and marketing departments of the companies who create the apps asking whether this site contravenes their own distribution laws. For example, Skype clearly states:

You acknowledge and agree that You are not permitted to distribute the Skype Software for any commercial gain, including but not limited to any selling of related services or attempt to charge for the Skype Software

Another example is the piracy definition from Adobe:

A software pirate is an individual or entity that offers bootlegs, CDs, downloadable applications, or serial numbers free, for money, or for barter; provides educational products without authorization, or to nonqualifying individuals or entities.

My emphasis in the quote. The big brands might take my emails seriously and do something about it (even if it is jsut a strongly worded letter); the smaller names might just be happy for the distribution, even if they don’t get any money from it.

Next step: lodging a complaint with the German Consumer council.

NOTE: If you want to know what some people did, read the comments below… please note that these comments do not constitute legal advice.

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opendownload.de

I am the victim of a blantant scammers.con-men site, similar to 419ers.

While in Vienna I wanted to download Skype. For some reason, I couldn’t connect through to skype.com. I then came across a site www.opendownload.de. They offer a lot of open source freeware or freely downable applications; all you have to do is register. (yes, you know what happened next!)

Their home page tells you about the benefits of registering, and then to download anything you have to register with them. They follow the usual registration procedure and send a link to the email account given so that you can activate your account.

So I registered and activated my account, but found that I couldn’t download anything anyway.

Seven days later I get an email from them stating that I owe the 96 euros for the 2-year non-refundable, non-cancellable registration. And I must pay this within 7 days.

I think WTF.

So I trace my steps – and on the registration page, on the far right there is size 6 font stating that I am actually registering for charged services.

Furthermore, I waived all my rights apparently and signed a contract for service with them by accepting their terms of agreement and activating the link as sent to my email account.

I email them and state that I was not aware of this – please cancel my registration.

A mail daemon responds that I cannot reply to this account email, I must contact them via the web site. So I complete the form stating that I want them to cancel my registration.

They reply stating I clicked the link, so I owe them money.

wir haben den Aktivierungslink und die Zugangsdaten an Ihre E-Mailadresse geschickt. Diesen Aktivierungslink haben Sie bestätigt. Daher haben Sie nachweislich den Zugang genutzt. Sie sind einen rechtsbindenden Vertrag eingegangen.

Des Weiteren haben Sie die AGB, Datenschutzerklärung und den Verzicht auf das Widerrufsrecht akzeptiert. Durch den Verzicht auf das Widerrufsrecht haben Sie nicht mehr die Möglichkeit Ihren Vertrag zu widerrufen, Rechtsgrundlage hierfür ist § 312d Abs.3 Nr.2
BGB. Die Dienstleistung beginnt sofort nach Anmeldung.

Bitte begleichen Sie daher die 96€ innerhalb der Frist. Sollten Sie der Zahlung dennoch nicht nachkommen, müssen Sie mit einer Mahnung bzw. einem Schreiben unseres Rechtsanwaltes rechnen, wodurch Ihnen weitere Kosten entstehen.

Bitte geben Sie als Verwendungszweck auf jeden Fall Ihre Rechnungs- und Kundennummer an, damit wir Ihre Zahlung korrekt zuordnen können.

We then researched this company and there have already been a number of complaints against them and a German consumer council states that there can’t be any contract entered into.

So I email these peeps again stating I will lodge complaints to the relevant authorities etc if they don’t cancel my registration. They reply with the exact same word-for-word email as before stating I owe them money because I clicked on the link in the email. (is this a robot email?)

Guys – what do I do from here?

I was thinking of the following:

a) contacting the German consumer council and lodge a complaint?

b) emailing the various companies, such as Skype, and telling them about opendownload.de?

c) emailing other sites, such as lifehacker and majorgeeks and telling them about this?

I know this is a con-man pushing his luck; readings on various forums and computerbetrug.de state exactly that and why I couldn’t have entered into a contract with them; and why their actions make the contract null anyway.

My issue is – how do I proceed and what about that law they are quoting (321d) – for example, can opendownload.de state in their terms of agreement that the registration is non cancellable? And then, given that this is freeware, which laws apply?

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