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The Water Cooler
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Any Business or Copyright lawyers here.. C&D letter?
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<blockquote data-quote="BReeves" data-source="post: 1949378" data-attributes="member: 10973"><p>I'm a software developer and have been working in the amusement industry for years.. One of my customers was complaining about getting screwed by the company he bought his Photo Booth from on printer media. I wrote a replacement application that would work on this particular Photo Booth that would no longer require him to use media from the Booth manufacture at three times what he can buy it off the shelf for.</p><p></p><p>Trying to make a long story short, I decided to see if it was something I could sell to other booth owners. Before I actually sold any I receive a cease and desist letter from the manufacture telling me to quit using the Kingdom name on my web site as they have a contract with the purchasers and what I was getting ready to do fell under a common law called "Tortious Interference"..</p><p></p><p>They are basically saying I would be enticing booth owners to break the contract they have with Kingdom. All the booth owners I have contacted are saying they didn't sign anything when they bought the booth and a couple have said they weren't even aware of the media requirement till after they purchased the booth and felt like they had been taken.</p><p></p><p>It seems to me that the booth owner should be able to replace the software on his Photo Booth if he didn't specifically sign a contract. I talked to the lawyer that sent me the C&D letter and asked if I could see a copy of one of these supposedly contracts.. He basically told me he wasn't required to send me anything and I would have to take his word that a contract existed.</p><p></p><p>This company is Located in Maryland and I'm thinking if they followed through they would file in Maryland. I can't fight a court battle in Maryland but might here in Oklahoma. I would really love to tell Kingdom to get screwed and call their bluff which is all I think the C&D letter is. If I haven't sold anything yet can they actually file in Maryland or would they need to file here where the alleged offence might actually occur?</p></blockquote><p></p>
[QUOTE="BReeves, post: 1949378, member: 10973"] I'm a software developer and have been working in the amusement industry for years.. One of my customers was complaining about getting screwed by the company he bought his Photo Booth from on printer media. I wrote a replacement application that would work on this particular Photo Booth that would no longer require him to use media from the Booth manufacture at three times what he can buy it off the shelf for. Trying to make a long story short, I decided to see if it was something I could sell to other booth owners. Before I actually sold any I receive a cease and desist letter from the manufacture telling me to quit using the Kingdom name on my web site as they have a contract with the purchasers and what I was getting ready to do fell under a common law called "Tortious Interference".. They are basically saying I would be enticing booth owners to break the contract they have with Kingdom. All the booth owners I have contacted are saying they didn't sign anything when they bought the booth and a couple have said they weren't even aware of the media requirement till after they purchased the booth and felt like they had been taken. It seems to me that the booth owner should be able to replace the software on his Photo Booth if he didn't specifically sign a contract. I talked to the lawyer that sent me the C&D letter and asked if I could see a copy of one of these supposedly contracts.. He basically told me he wasn't required to send me anything and I would have to take his word that a contract existed. This company is Located in Maryland and I'm thinking if they followed through they would file in Maryland. I can't fight a court battle in Maryland but might here in Oklahoma. I would really love to tell Kingdom to get screwed and call their bluff which is all I think the C&D letter is. If I haven't sold anything yet can they actually file in Maryland or would they need to file here where the alleged offence might actually occur? [/QUOTE]
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