On June 27th, 2009, I puchased “The New York Times Crosswords Daily 2009″ application, by Magmic Inc. for my iPhone. At the time, it had a rating higher than 4 stars, and promised access to daily and archived New York Times crossword puzzles for a one-time cost of $5.99. That seemed reasonable to me, and so I purchased the application and have enjoyed it.
Yesterday, they released an updated version of the application, v1.1. Suddenly, rather than offering access to the puzzles, it requires a $1.99/month subscription to access puzzle data. Previous customers, such as myself, are granted access through the end of 2009, but after that will need to buy a subscription for 1 month ($1.99), 6 months ($9.99) or 12 months ($16.99). At the time of purchase, there was no indication that the application was only providing puzzle access through December 31st.
I consider this unacceptable, and have immediately removed the application from my device. I am also trying to determine how to move forward. I feel that a refund is due, because they have fundamentally changed the application that I purchased, in a way that feels like a blatant grab for more money.
My first step has been reporting a problem with the application via the iTunes application interface. In my note indicating that the application did not function as expected, I provided the following explanation:
With the release of the “free update” to v1.1 of this application, they have moved from a purchase model where you buy the application and have continued access to puzzles, to a subscription model where you must pay to download the puzzles. There was no indication at the time of purchase that this would change into an application with an ongoing monthly fee.
I purchased this application in good faith, believing that the $5.99 payment would cover me for as long as I chose to use that application. Instead, I have been granted access to puzzle data through the end of the year. Starting January 1, 2010, I am expected to start paying a monthly fee for this application to continue to function.
Due to the dramatic changes in the cost and pricing of the application, I am requesting that my $5.99 be refunded. I have already removed the application from my device, although I am happy to provide whatever proof you require showing that it has been deleted.
Thank you,
Dan Abplanalp
Unfortunately, upon submission of this issue, iTunes responds with:
Please contact the application developer.
We have taken note of the problem for our records, however we are not able to provide support for the features and functionality of applications. Please click the support link below to contact the developer for resolution.
The New York Times Crosswords Daily support
I have also contacted Magmic directly asking for a refund, but Apple is far from blameless in this as well. Ultimately, Apple must approve all applications for their store. Additionally, the subscription cost for the updated application is collected by Apple via the iTunes store. By approving the update and setting up billing for these recurring charges, Apple has given its approval for changing “purchased” applications into “subscription” applications.
I’ll update this as I hear back with more information.
Update, 10/2/2009
It appears that I bear some of the blame for this as well, as apparently Magmic claimed that the application “…includes access to daily and archived puzzles until the end of 2009.” If that was indeed the case (the claim was made in this review), then they are within their technical rights to end the download of new puzzles at that time. However, that statement was apparently not particularly prominent (I sure missed it) and it was not sufficiently specific to indicate that all of the app will apparently stop functioning at that time.
Update, 10/5/2009
No response from Apple, although I am not particularly surprised at this. I did receive a response from Magmic:
Hi,
Unfortunately we have not been able to find your Order ID(receipt) with any of your
listed information. Please reply with all of the following information to allow us
to find your Order ID:
What was the email address used?
What was the phone number used to purchase?
What was the full name used to purchase?
Did you use the ‘Bill to Phone’ option or a Credit Card to purchase?
If you purchased from a website other than Bplay.com, what site did you purchase your content from?
Thank you,
—————-
<Name Removed>
Customer Support Specialist
—————-
The fact that I purchased the application via iTunes was in the original support request, and it was sent from the same e-mail address used to purchase the application. It appears that they are not setup to support iTunes store purchases. *sigh*