I'm having a tough time deciding who's stupider - your friend for using the software like that, or the multitude of dumbasses in here who seem to think the company's in the wrong for suing him.
This reminds me of that "I bought a watch on store credit and defaulted, OMG they hired a collection agency, HARASSMENT" thread.
- M4H
This reminds me of that "I bought a watch on store credit and defaulted, OMG they hired a collection agency, HARASSMENT" thread.
- M4H
exactly. Unfortunately today's generation wants something for nothing and refuse to deal with the consequences of their stupidity.
UDT89
Diamond Member
- Jul 31, 2001
- 4,529
- 0
- 76
honestly there is no amount to what they can sue him for. And to settle for $800 is a fair deal. If they take him to court, they then can include their attorney and court fees plus whatever amount they decide to go for.
I dont think he will get a second license for the $800 either. basically its a $800 fine for using the software.
If he calls and asked to settle for a lower amount, i bet that they would accept. Try for $500. But basically he broke the agreement and is at their mercy.
I dont think he will get a second license for the $800 either. basically its a $800 fine for using the software.
If he calls and asked to settle for a lower amount, i bet that they would accept. Try for $500. But basically he broke the agreement and is at their mercy.
Don't they have some kind of demo or trial version? Someone is expected to drop $300 on it just to see if it will suit their needs?
kranky
Elite Member
- Oct 9, 1999
- 21,019
- 156
- 106
Look, here's what he should do.
Call the company and be straight up. Explain that he was only evaluating the software, never used it for a single transaction, and didn't realize that it was not allowed. Then say that even though he never used it in production, he understands now that it was not permitted and offer to pay for the software.
I feel certain they will let him pay the $300 and drop it.
Call the company and be straight up. Explain that he was only evaluating the software, never used it for a single transaction, and didn't realize that it was not allowed. Then say that even though he never used it in production, he understands now that it was not permitted and offer to pay for the software.
I feel certain they will let him pay the $300 and drop it.
Well they do offer a demo. On site... so that?s where you can try it at.
There is a reason that sites have Terms of Service /Licensing, unfortunately nobody takes the time to read them.
I think he might have to pay the $800, you could try to talk them down because, it doesn?t seem like there is a "set" fee on the license agreement. You might be able to argue that $800 is a bit extreme and they should post a set fee in the Terms of Service/Licensing. Because they didn't post a set fee in a document that you agreed to, you should only have to pay for $300, the cost of the license. On top of that you should make sure that you get a license from them, and make sure you use there support for all its worth.
There is a reason that sites have Terms of Service /Licensing, unfortunately nobody takes the time to read them.
I think he might have to pay the $800, you could try to talk them down because, it doesn?t seem like there is a "set" fee on the license agreement. You might be able to argue that $800 is a bit extreme and they should post a set fee in the Terms of Service/Licensing. Because they didn't post a set fee in a document that you agreed to, you should only have to pay for $300, the cost of the license. On top of that you should make sure that you get a license from them, and make sure you use there support for all its worth.
My take on this:
First, note that I am taking the OP at his word that the software wasn't actually used for it's intended purpose.
For those of you calling it extortion, it isn't. Extortion is defined as "a criminal offense, which occurs when a person obtains money, behaviour, or other goods and/or services from another by wrongfully threatening or inflicting harm to his person, reputation, or property."
In this case, regardless of his good intentions, the op's friend clearly violated the license agreement and used the product on another site so the company is not wrongful in demanding payment.
As for the $500 fee being added, I believe that is unreasonable. To date the company has suffered no legal costs (that I can see) so the additional $500 amounts to an arbitrary fine by the company. I wouldn't pay it.
What I think your friend needs to do is make an offer, via certified mail, to pay the $300 license fee and not budge from this offer.
One thing I am certain of is that this company will not pursue legal action over $500 that they are not guaranteed to recover. It would cost them more to retain the services of an attorney, getting your friend to show up in TN would be difficult, getting a judgement to include the attorney's fees is very uncertain, and even if all this goes well they may wind up with a judgement that will be next to impossible to enforce. They simply won't do it and any lawyer they speak to will strongly recommend that they drop the matter.
First, note that I am taking the OP at his word that the software wasn't actually used for it's intended purpose.
For those of you calling it extortion, it isn't. Extortion is defined as "a criminal offense, which occurs when a person obtains money, behaviour, or other goods and/or services from another by wrongfully threatening or inflicting harm to his person, reputation, or property."
In this case, regardless of his good intentions, the op's friend clearly violated the license agreement and used the product on another site so the company is not wrongful in demanding payment.
As for the $500 fee being added, I believe that is unreasonable. To date the company has suffered no legal costs (that I can see) so the additional $500 amounts to an arbitrary fine by the company. I wouldn't pay it.
What I think your friend needs to do is make an offer, via certified mail, to pay the $300 license fee and not budge from this offer.
One thing I am certain of is that this company will not pursue legal action over $500 that they are not guaranteed to recover. It would cost them more to retain the services of an attorney, getting your friend to show up in TN would be difficult, getting a judgement to include the attorney's fees is very uncertain, and even if all this goes well they may wind up with a judgement that will be next to impossible to enforce. They simply won't do it and any lawyer they speak to will strongly recommend that they drop the matter.
No so feel free to believe what you wish because of that fact.
(Question. You have never pursued legal action against someone in another state have you?)
What I have dealth with is another matter in which I was clearly owed a sum just under $1000. I won't go into detail because I have little time at the moment but it would have been trivial to get a judgement if the defendant was in my state. What I found is that after talking to no less then 6 lawyers in my area, not a single one of them cared about the details other than the amount that was in question and the fact that the other party was out of state.
All of them advised me not to pursue the matter. All of them expected an advance payment of between $800 to $1200 if I did choose to proceed, and all of them advised me that there was no guarantee of ever seeing a penny.
Believe what you wish but it is extremely difficult to pursue such a matter against someone who is not in your state unless you have the resources of a large company. (the company in question does not appear to have such resources)
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