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I'm no expert on class action suits, however it's my impression that Ford
and GM don't payoff unless they can be nailed with a solid combination of
negligence and death. Other big area is stockholder suits, another area
where damages are rather easily determined and the class is large - Omega
has or had one of those pending. Don't think lawyers are particularly
interested in such actions unless the pockets are deep and the demonstrable
damages are clear and easy to understand. The gross inconvenience of 10000
users each losing a couple of hours to a bug is quite large but nothing
which is going to send signals to the sharks. Ditto for 10 bugs. Which is
probably why there has been so little bug-related litigation in the software
industry as a whole.
Earl
-----Original Message-----
From: Alan M. Abraham <Bglmngr@xxxxxxxxxxxxx>
To: Earl Adamy <eadamy@xxxxxxxxxx>
Cc: Omega List <omega-list@xxxxxxxxxx>
Date: Wednesday, April 21, 1999 10:11 PM
Subject: Re: Omega Record Revenues And 51% Increase In Income
>4/21/99
>
>Earl,
>
>I take you at your word. I have read the comments of others which seem
fairly
>reasoned and lucid also. However, I have one question; and this is not
meant to
>be frivolous. Why hasn't someone started a class action suet against OR?
Lots
>of complainers, but no action. There are several attorneys on this list,
who I
>am sure know how to go about it. I don't. If Ford or GM has one critic
they
>pay off to at least keep the actioner quiet. With OR everyone
complains----no
>one moves! It seems people are happier with their pain than with attacking
the
>problem. AMA
>
>Earl Adamy wrote:
>
>> I have years of experience in trying to get bugs fixed in Omega products.
>> I've forwarded detailed documentation with numerous bugs along with
specific
>> directions on how to reproduce the bugs. Omega TS ignored them. I sent
them
>> to Bill Cruz and they were ignored. I complained publicly and received
one
>> of BC's infamous calls where he tells the disgruntled user that Omega
loves
>> them and promises to resolve the problems. Bill promised to have his
staff
>> get on it if I would send another set to him. List sent, bugs not fixed.
New
>> version released, process repeated. Some years ago, prior to the release
of
>> v4, the Omega list undertook a project to document bugs and essential
>> usability requests (e.g. projection space for future bars) and produced a
>> very comprehensive Word document which was sent to BC. To my knowledge,
BC
>> didn't even acknowledge the effort. The problems with the latest release
are
>> just the latest saga in Quality Control problems which have plagued Omega
>> product releases. Not to mention the lack of Y2K compatibility in the
>> product line released just a couple of years ago for which Omega promised
to
>> deliver fixes shortly after the TS5 product release which was promised
for
>> 2Q 1998.
>>
>> I'm not willing to take the risks Mark takes either, however I suggest
that
>> you are uninformed if you believe the positive, cooperative methods which
>> you espouse will actually produce concrete results. Omega's business
model
>> is not oriented toward the existing user base. It is geared toward sale
of
>> product to new users, most of whom will fail in trading and then be
shocked
>> to find that they agreed to license terms which prevent them from legally
>> transferring the license in competition with Omega's sales to new users.
>>
>> Earl
>>
>> -----Original Message-----
>> From: Dick Smith <Dick@xxxxxxxxxx>
>> To: Mark Brown <markbrown@xxxxxxxxxxxxx>; Omega List
>> <omega-list@xxxxxxxxxx>; Chris Baker <chrisbak@xxxxxxxxx>
>> Date: Wednesday, April 21, 1999 4:24 PM
>> Subject: Re: Omega Record Revenues And 51% Increase In Income
>>
>> >If you want to get the problems resolved, the best way to go about it is
to
>> >clearly identify the problems in writing WITHOUT ANY hostile, heated, or
>> >inflammatory language. Just basically explain what happens or what's
wrong
>> >with the program and what ill effect or hardship that causes you. Of
>> >course, you should respectfully urge the addressee to have the problem
or
>> >problems repaired at the earliest possible moment. And, very important,
I
>> >cannot express strongly enough the need to address such correspondence
to
>> >the President or Chief Executive Officer, whoever that may be BY NAME.
If
>> >you don't know the name, FIND OUT. It's as easy to do as a simple phone
to
>> >the research desk of your local library. Find out their name AND THEIR
>> >mailing address (which are often different from the company's offices
and
>> >plants. If you elect to fax your correspondence, it's worth a call to
>> their
>> >office beforehand to get that person's individual fax number. Faxes of
>> this
>> >nature sent to the main fax number may never see the CEO's desk or even
>> >his/her waste basket.
>
>
>
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