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How about I gave it for free to Bill Cruz? Will I still be sued?
At 09:36 PM 3/10/98 PST, The Code wrote: >It doesn't stop there! For those of you that may find it hard to believe >Please view the following response that I received when I told them in >no way was I selling a boot leg software. Make no mistake Omega is >talking about me selling my legitimate copy of TS that I purchased from >them. A two-digit block number I might add! I still can not believe some >of the things that I have witnessed lately her on the list and with >Omega. I still would like to appeal to Omega first for a official public >statement before I resort to putting up a bash site too. What was that >address again? Just kidding, just kidding : -) > >===see the letter they sent me below you could be next==== > > >Code, > >We received information that you were looking to sell TradeStation 4.0 >and other products for $1300. As you may be aware, the license >agreement prohibits this type of activity. If this is not the case, we >will stand to be corrected. If it is, we simply ask you provide the >information that we were looking for in our letter. > > >My address is: >Peter Beruk >Software Publishers Association >1730 M Street NW, Suite 700 >Washington, DC 20036 > >Peter > >P.S. If you need ten days, please use it. We ask for a prompt response >in order to get a dialogue moving forward as quickly as possible. > > > > > > > > > >>These guys are idiots, ignore them. This kind of thing is totally >uncalled >>for. >>It is exactly this type of attitude that has turned off so many Omega >users >>already. I recently sold my SC3, which I had no use for, so sue ME!! >>When will they ever learn?? >> >> >>>Subject: >>> >>>Caution: Please review the WARNING that I received just this week >>>apparently with Omega Researches approval. It seems that Omega is on a >>>witch hunt lately to stop All the current users of Omega products from >>>jumping ship, I guess? I don't know what other rational they could >>>possibly have for these actions. I was contacted by one other lady who >>>said she received a like warning this week. I wonder if this isn't >just >>>an over reaction to the recent events and am appealing to Omega to >>>reconsider. Other companies allow for the transfer of ownership and I >>>see no reason that Omega couldn't allow this also. Maybe I'm missing >>>something? But I see no harm especially since I paid big money for a >>>product that so far has no y2000 fix and no y2000 compliant >replacement >>>either. I wonder if they are going through the archives of mailing >list >>>because that add I placed was 6 months ago and I just got the warning >>>this week. It's a crazy world! If the sale of my little TradeStation >is >>>going to stop the OmegaWorld from turning then I'll keep it OK no >>>problem. >>> >>> >>> >>> SPA Cease and Desist >>> Date: >>> Mon, 2 Mar 1998 09:56:23 -0500 >>> From: >>> Peter Beruk >>> To: >>>The Code >>> CC: >>> "'officeofthepresident@xxxxxxxxxxxxxxxxx'" >>> >>> >>> >>> >>> >>>March 2, 1998 >>> >>>Via e-mail >>> >>>Mr. Code, >>> >>>I am writing on behalf of the Software Publishers Association (SPA), >the >>>principal trade association of the PC software industry, with over >1,200 >>>members. Our member software developers and publishers look to the >SPA >>>to help protect their intellectual property rights and to stop the >>>unauthorized distribution of their products. >>> >>>We have recently received information that you may be unlawfully >selling >>>or requesting unauthorized copies of software published by SPA member >>>Omega Research. As you are undoubtedly aware, the copying and >>>distribution of computer programs in this manner normally occurs >without >>>the prior knowledge or consent of the copyright owners, and, >therefore, >>>violates the copyright law. In addition, the license agreement that >>>accompanies products published by Omega Research specifically state >that >>>only a licensed person may use the software, and that license may not >be >>>transferred to another party. Acquiring Omega Research software from >>>anyone other than Omega Research or its authorized distributors will >>>yield the recipient an unauthorized copy of the software. >>> >>>The consequences of copyright infringement can be severe. The >copyright >>>law allows the copyright owner to recover either (1) its actual >damages >>>plus all of the infringer's profits that are attributable to the >>>infringement, or (2) statutory damages of up to $100,000 per >copyright. >>>The law also provides for the seizure and impoundment (a) of all >>>infringing copies, and (b) of the equipment that was used to make the >>>infringing copies. Injunctive relief is routinely awarded to the >>>copyright owner, and the law permits the prevailing party to recover >its >>>attorney's fees. >>> >>>The SPA will agree to close its file in respect of the claims made in >>>this letter if you will agree, in return, to do the following: >>> >>>1.Immediately cease and desist any and all reproduction and >distribution >>>of copyrighted material published by OmegaResearch or any other SPA >>>member; >>>2.Disclose to SPA each person and full address who received a copy of >>>the software from you and the price paid, or the name and full address >>>of the person who provided you the software, and what >>>you paid; >>>3.Destroy any and all infringing material of which you are currently >in >>>possession of or which is a result of your activity; and >>>4.Provide written verification of the above to SPA within three (3) >days >>>of receipt of this letter. >>> >>>We urge you to give this matter your prompt and serious attention, and >>>we look forward to your immediate response. Please contact me by >March >>>6, 1998, at . If I do not hear from you by that time, >>>SPA and/or Omega Research may choose to proceed with filing a lawsuit >>>against you and seeking the above mentioned damages, including seizure >>>of your equipment. >>> >>>Sincerely, >>> >>>Peter Beruk >>>Director, North American Anti-Piracy >>>Software Publishers Association >>> >>>cc: officeofthepresident@xxxxxxxxxxxxxxxxx >>> >>>-Peter Beruk >>>Director, North American Anti-Piracy >>>Software Publishers Association >>>www.spa.org >>>202-452-1600 x314 >>> >>> >>>>I have the following for sale: >>>>1. Tradestation 4.0 build 20 includes block, CDs, manuals and video >>>>2. DBC Signal Cable converter box >>>> >>>>Make offer on each or as a package. >>>> >>>>Reply to this message. >>> >>> >>> >> >> > > > > ______________________
Best Regards!
Visavis ____________________________
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