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To all concerned,
There just happens to be a discussion at zdnet regarding "software guarantees"
and they are asking for users "experiences" various vendors related to "license
agreements" and "guarantees".
http://www.zdnet.com/anchordesk/story/story_1857.html
Perhaps this would be an excellent source of information regarding a
purchaser's/comsumer's rights regarding these matters.
With the costs of some software and the dependence often required on it (such as
an operating system or trading package), the license agreements and guaranteed
performance is becoming a "main issue". Naturally it is the consumer versus the
producer. Naturally, the producer, depending on his collective ethical
performance level, will only give what he has to. Since the more he "gives" the
more he becomes responsible for the function of his product. (Ever noticed the
"warning" that comes with all trading software?).
Absolutely no guarantee, wee did not make it, it's not ours, the consumer did
it, no you cannot sell it because it's not yours either, it belongs to the US
Secret Service , CIA, BATF and Interpol, we know where you live and you better
shut up!
Would that not be the Software Vendor's "Ideal" warranty statement?
We all get what we deserve! In an "Ethical World" what we deserve would have an
entirely different meaning. In this world it means "Shout and Scream until you
get a fair deal!" (or) Only buy from a proven Ethical Vendor with an agreeable
license agreement. They are out there but far and few.
As my offspring always says: "Up to you".
If there is a digital copy of the Omega license agreement available, a good home
for
it would be at this location. Send it.
Contribute your software vendor issues to:
http://www.zdnet.com/anchordesk/story/story_1857.html
See U
Tom
-----Original Message-----
From: John O. Romero <romeroj@xxxxxxx>
To: officeofthepresident@xxxxxxxxxxxxx <officeofthepresident@xxxxxxxxxxxxx>;
Janette Perez <janette.perez@xxxxxxxxxxxxxxxxx>
Cc: - OmegaList <omega-list@xxxxxxxxxx>; pberuk@xxxxxxx <pberuk@xxxxxxx>
Date: Wednesday, March 11, 1998 9:30 AM
Subject: Resale of Omega Products
>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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