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I think your comments reflect the great distaste with which many of us read the
demand from the SPA resulting from Omega's complaint regarding possible resale
of a legally aquired TS license. Considering Omega's terrible track record in
acknowledging and fixing bugs in the software licensed to paying customers,
Omega's membership in the SPA is a poor reflection on the SPA's membership
standards.
Earl
-----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 8:23 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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