Hmmmm... my attention was drawn to this today, during a random visit to the SE5 thread, which I haven't looked at for several months:
http://www.head-fi.org/t/549298/review-spiral-ear-se-5-way-reference-a-new-level-of-resolution-review-posted-5-15-12/2070#post_11240498
spiralear.com/en/more-info/warranty/index.html
"It is not possible to reshell/remould 5-way Ultimate via third-party companies. Our anti-reverse engineering solution makes it impossible to have the monitors reshelled by anyone else, any attempts at copyright infringement or other intellectual property rights misuse of our products will be prosecuted by law.
Please note that any attempts at reshelling SE monitors are so far incompetent, making them no longer Spiral Ear products!"
I doubt I am alone in finding Grzegorz new 'policy' distasteful in its apparent attempt to exert control over both customers and competitors alike.
Let me be clear that I have no objection to proprietary BA/'crossover'/filter configurations being copyrighted, in the sense of competitors not being permitted to copy the configuration for competitive production. That's totally understandable, and I
support that being protected.
But it appears the new Spiral Ear policy may seek to go further than that, by actively obstructing legitimate Spiral Ear customers from having their CIEMs re-shelled by a third-party, at some point after the 30-day refit period, if they so wish. People do not spend circa €1500 to be handcuffed and told what they can or cannot do with their legitimate purchase. I also feel Grzegorz is overlooking an important point: Spiral Ear CIEMs are some of the most expensive on the market, and
it is undoubtedly a fact that a certain proportion of his customers may only be Spiral Ear customers because they were able to sell their acrylic CIEMs to a second purchaser, for re-shelling, thus raising sufficient capital to help finance purchase of a Spiral Ear product. In other words, seeking to stifle competitors may also, if others play the same game, stifle one's
own sales, in the longterm.
It is absolutely understandable that each commercial CIEM-maker desires to protect their labour investment, in painstakingly developing & tuning each CIEM, but the simple reality of this world is that the configuration of each CIEM will, in time, become publicly known. In my view, that is something which every CIEM maker eventually needs to come to terms with, and it needn't be a major problem unless a competitor seeks to actually go into commercial production with the same configuration, using individual, non-Spiral Ear-sourced, components. That would be unfair and legitimately prosecutable.
However, a simple re-shell of a legitimately-purchased CIEM
(provided the re-shell is not misleadingly labeled with the original manufacturer's label), is something entirely different from that.
So, given that re-shelling is a simple fact of life in the world of CIEMs, wouldn't it be more realistic to accept that that's just the way the world works? If so, what's the best compromise? Offer your customers a
competitively-priced re-shell service, with a nominal transfer-of-ownership fee, or charge very high re-shell fees which send people to competitors who will do the job for a
substantially fairer price, and then retaliate by (seemingly) threatening those competitors, and even (seemingly) deriding their workmanship? That does not seem to me to be the most constructive way of handling the situation.
One can either aggressively seek to obstruct customers and competitors from what is relatively common practice in the global CIEM marketplace, or one can simply choose to offer competitive re-shelling services and, optionally, a reasonable 'transfer-of-ownership' service if the legitimate first customer desires to change to a different CIEM (Noble are a good example of this pragmatic and realistic approach).
I completely understand that Grzegorz might prefer that every person in the world who seeks to own a Spiralear CIEM only purchases brand new product directly from him, and only original customers seek re-shells, for themselves, using SpiralEar lab, rather than for the purposes of transferring ownership &/or using a third-party lab, but that's just wishful thinking.
Therefore, seeking to prevent competitors from re-shelling for SpiralEar customers (be it through the use of threats or deliberate technical obstruction) reminds me of a toddler who wishes to keep all the toys in the toybox for themselves, and has a tantrum when someone else walks in the room and wants to play. Generally-speaking, I have found Grzegorz to be professional in his dealings, and I respect his technical ability, too, so I am genuinely saddened to see that he is taking an aggressive stance rather than a pragmatic, adaptive and constructive one. I can't help noticing that this aggressive stance has become evident only since someone else in the marketplace has begun offering
silicone-specific CIEM rebuilding skills, and I find it hard to believe that this is just pure coincidence.
As I see it, the CIEM marketplace is an increasingly-competitive one, but seeking to
stifle competition, rather than adapting to it and improving one's own lab services, is a very short-sighted approach and one which may disastrously backfire, because an aggressive policy is probably going to:
1) alienate existing customers
2) alienate potential future customers
3) alienate other commercial CIEM makers
4) potentially lead to other makers becoming more aggressive, in response, until the whole industry is unpleasantly vindictive, litigious, and aggressive.
That doesn't seem like a recipe for success, and I certainly wouldn't wish to see this snowball throughout the CIEM industry, as
everyone stands to lose.
Spiral Ear is a well-respected company, so I hope Grzegorz will rethink his current approach. I don't think the current policy best represents his products, his best commercial interests, or the best interests of Spiral Ear customers, past, present, or future.
Of course, all of this is only my personal opinion, and others (including Grzegorz) may disagree.
I guess only time and global CIEM customers will tell what fruit this approach will bear. My wish is that the CIEM marketplace remains reasonably civil, open, and harmonious, rather than becoming increasingly aggressive and contracting upon itself as a consequence. I also hope that Spiral Ear will continue to be an innovative player in the market, and
on fair terms.
UPDATE (30-1-15):
http://www.head-fi.org/t/541494/multi-custom-in-ear-monitor-review-resource-mfg-list-discussion-check-first-post-for-review-links-information/4545#post_11273231
Spiral-ear lab re-shell pricing has now been changed:
spiralear.com/en/more-info/remould/index.html
But, disappointingly, the restrictive & rather negative
warranty policy appears unchanged:
spiralear.com/en/more-info/warranty/index.html