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DarkHelmet
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Quote:
Originally Posted by brkdncr View Post
well, most applications have you Accept a EULA. have you ever read one?

Unless you have an actual contract, an EULA or shrink wrap license is not worth anything. It cannot be enforced as it's not a contract.

This is why Cisco/Nortel/Motorola/Lucent/etc have an actual agreement covering their software.
Old 09-16-2009, 12:26 PM DarkHelmet is offline  
#16  

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TheMorlock
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And don't forget to include a definition of Barratry in your reply. If you live in an applicable location
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Old 09-16-2009, 11:42 PM TheMorlock is offline  
#17  

detail
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Tell them you are legal and to pound sand.

I'm dead set against EULAs and think Congress needs to get rid of them. Make it like owning a book, instead of "usage rights."
Old 09-16-2009, 11:51 PM detail is offline  
#18  

flshdncr
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agreed on so many levels. I don't think EULA's have actually been tested in court yet.
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Old 09-17-2009, 01:18 AM flshdncr is offline  
#19  

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And don't forget to include a definition of Barratry in your reply. If you live in an applicable location

we're sinking ships to claim insurance?
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Old 09-17-2009, 11:58 AM lopoetve is offline  
#20  

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We were fined 25k a few years ago, same scenario (disgruntled employee.. actually net admin left here and reported and he was the one who fscked up)... Sucks that they have the right to audit you at any point with no notice for like the next 3 years after the "offense"..
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Old 09-17-2009, 12:12 PM logie is offline  
#21  

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I'd tell them to piss up a rope tbh.
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Old 09-17-2009, 02:31 PM Reverend Sin is offline  
#22  

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Quote:
Originally Posted by logie View Post
We were fined 25k a few years ago, same scenario (disgruntled employee.. actually net admin left here and reported and he was the one who fscked up)... Sucks that they have the right to audit you at any point with no notice for like the next 3 years after the "offense"..

so tell us, how does a trade association, that is not a legal government entity, "audit" your company and "fine" you 25k?
Old 09-17-2009, 06:00 PM topcat989 is offline  
#23  

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Quote:
Originally Posted by lopoetve View Post
we're sinking ships to claim insurance?

Using constant threats of legal action to scare someone into cooperating with you. Not the maritime version.
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Old 09-17-2009, 11:51 PM TheMorlock is offline  
#24  

logie
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Quote:
Originally Posted by topcat989 View Post
so tell us, how does a trade association, that is not a legal government entity, "audit" your company and "fine" you 25k?

i wasn't employed here, came shortly after the mess, but i guess they threatened to charge an insane amount for each license that was not legit (adding up to way more than 25k)..

It's definitely crooked..

Whats even more fucked is the dude who reported (it was his fault), got a cash reward....
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Old 09-18-2009, 05:49 AM logie is offline  
#25  

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Quote:
Originally Posted by logie View Post
i wasn't employed here, came shortly after the mess, but i guess they threatened to charge an insane amount for each license that was not legit (adding up to way more than 25k)..

It's definitely crooked..

Whats even more fucked is the dude who reported (it was his fault), got a cash reward....

I haven't had experience with them, but a co-worker of mine has.

Like what you said, they will send a letter stating that the company should give them $400 per license that they have violated (when, the license was actually worth only $200 to begin with). If you settle with them on the licenses, it can keep the company out of court.
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Old 09-18-2009, 07:41 AM littleDoom is offline  
#26  

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Quote:
Originally Posted by logie View Post
i wasn't employed here, came shortly after the mess, but i guess they threatened to charge an insane amount for each license that was not legit (adding up to way more than 25k)..

It's definitely crooked..

Whats even more fucked is the dude who reported (it was his fault), got a cash reward....


it sounds like the company just capitulated. The BSA is not the fucking FBI, they can't come in and do an audit unless you give consent or are ordered to by a judge, after the BSA files suite. By that time the company legal department is involved.

If the company is way out of compliance, then it's up to them how to deal with it. Fight, settle, whatever. If my company was compliant or only had minor infractions, I'd tell them to fuck off.
Old 09-18-2009, 09:29 AM topcat989 is offline  
#27  

logie
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I'm more than willing to find out the exact story/details from my CFO/boss if you guys would like.. I came after it all went down and never witnessed an audit from them.

I guess they did once or twice within the first year but never did after that, but had "the right" to do so for 3 or 4 years.. I dont know how they had the right but you get the idea..
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Old 09-18-2009, 02:53 PM logie is offline  
#28  

DigitalChaos
 

ive never heard of it happening more than once like that
Old 09-18-2009, 02:59 PM DigitalChaos is offline  
#29  

topcat989
 
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Quote:
Originally Posted by DigitalChaos View Post

ive never heard of it happening more than once like that

As a response you should write the employee was disgruntled & flat out lying, put it in a box with a 10lb bag of sand, and a cheap rubber mallet. I'm serious, if you're compliant tell them to go pound sand.
Old 09-18-2009, 03:22 PM topcat989 is offline  
#30  

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