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