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Dear Office of the President-Omega Research and whomever else it may
concern.
It is with great regret that I am responding to express my opinion about
the original note below. I would prefer to stay with Omega and continue
to upgrade to your new releases. But my concerns are growing about your
business practices and your preferred methods of supporting and dealing
with customers. Now my response.
Seeing the note below is really getting my emotions flowing. You have
done nothing to me but, it seems really STUPID of you (Omega) to take
these tactics as a business practice. If you choose not to support the
new owner of the software that is one thing. It is another to send
others to do your dirty work. The thing that makes me very suspicious
at this point is that you are not willing to let us (the customers) know
what the features of your new product TS5.0 are, but prefer to use FEAR
as the method to keep us in line and maintain market share. It is
something that I do not agree with, but you are free to choose your
business model. Most other software companies DO ALLOW the license to
be transferred from one person or machine to another, so long as it is
only used on one machine at a time. Some companies charge a small
administrative transfer fee, but again, most do it for free. Examples -
AutoCad and OptionVue.
Personally, this is just making me not want to continue with your
products. Don't get me wrong, I use and am satisfied (not elated but
just content) with TS. My problem and concern come with this type of
action and the lack of Omega Research to fix the problems that they are
made aware of, and also the fact that Omega continues to promise
features in the next release. But in 'Clinton' fashion, they are not
lying, because the 'next' release never comes. It is always the next
release. Normally, I prefer not to make public my opinion, when the
original grief was not directed to me, but !!!
-- ENOUGH IS ENOUGH. Get on with producing a product that is worthy of
our (the customer) support and you will not have to worry about us
jumping ship.
John O. Romero
If you or any one else from Omega care to contact me, my phone # is
919-303-5455 just so you get the right one.
--------------------------
Original note below
---------------------------
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 <PBeruk@xxxxxxx>
To:
The Code
CC:
"'officeofthepresident@xxxxxxxxxxxxxxxxx'"
<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 <pberuk@xxxxxxx>. 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.
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