I love stupid companies...


I received this wannabe c&d scare-tactic letter today when I got home from work. It arrived via FedEx. I love how companies think that they can make you use their proprietary software with their hardware. That would be like a network card manufacturer saying you must use their drivers with the card that you own. You can't use those third-party Linux or FreeBSD or whatever drivers because, god forbid, they're not official. Oh, wait, maybe DC just wants their demographics info. I never signed anything to get my CueCat scanner. I never installed their software, which is under license agreement. The license explicitly said that by OPENING the SOFTWARE, I would be bound to it. Not the hardware. No license in sight. Anyway, on to the glorious idiocy...

LAW OFFICES OF
KENYON & KENYON
ONE BROADWAY
NEW YORK, NY  10004-1080
TEL (212) 425-7200
FAX. (212) 425-5288
WWW.KENYON.COM

September 22, 2000

VIA FEDERAL EXPRESS
"WITHOUT PREJUDICE"

Kameron Gasso
3355 Jerome Prairie Road
Grants Pass, OR 97527

Dear Kameron Gasso:

Our firm is intellectual property counsel to Digital Convergence, a 
Delaware corporation, with a place of business at 9101 N. Central 
Expressway, 6th Floor, Dallas, TX 75231.

It has recently come to Digital Convergence's attention that the 
services/information being offered at www.blort.org/cuecat/ are in 
conflict with the intellectual property rights owned by Digital 
Convergence.  Digital Convergence has expended vast resources to be 
able to bring the :Cat and :Cue:Cat services to the public.  In order 
for Digital Convergence to continue these services and develop others, 
Digital Convergence must hold violators of its intellectual propterty 
rights fully liable for any harm it suffers.  This includes both 
direct or indirect harm which results from any present and continued 
dissemination of its services/information.  It further includes not only 
the direct infringement made by blort.org/cuecat, but also any 
infringement which blort.org/cuecat/ induces others to perform.  The 
longer that blort.org/cuecat/ continues its improper activities, the 
longer damages will accrue.

----
KENYON & KENYON

Kameron Gasso
September 22, 2000
Page 2 of 2

If you have any questions or believe you have received this letter in 
error, please let us know.  In the meantime, the above is not a full 
statement of Digital Convergence's rights and remedies, all of which 
are reserved, and both we and Digital Convergence intend to continue 
monitoring the activities of blort.org/cuecat/ and will contact you 
again, if necessary.

Very truly yours,

KENYON & KENYON

{signature}
James E. Rosini