|
PureBytes Links
Trading Reference Links
|
Would the courts really uphold such a rediculous clause? Next thing you
know we'll have auotmobile manufacturers putting non transfer titles like
this into their microprint contracts and the used car business will go
bust.
Make a product that people want to buy and you won't have to worry about
penny-anti stuff like this.
Do you think Omega really makes more money with a clause like this than it
costs them in SPA fees and lawyers fees to enforce? I doubt it!
-----Original Message-----
From: The Code [SMTP:veeger2001@xxxxxxxxxxx]
Sent: Tuesday, March 10, 1998 9:36 PM
To: veeger2001@xxxxxxxxxxx; omega-list@xxxxxxxxxx; GORB@xxxxxxxxxxx;
Crf@xxxxxxxxxxxxxx
Cc: PBeruk@xxxxxxx; officeofthepresident@xxxxxxxxxxxxxxxxx;
janette.perez@xxxxxxxxxxxxxxxxx
Subject: Re: Tradestation 4.0 & Signal cable box For Sale
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 <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.
>>
>>
>>
>
>
|