Re: Brinks Home Security files Civil Suit against Jim Rojas & www.tech-man.com

["Robert L Bass" <no-sales-spam@bassburglaralarms>]

> Thank you all for your continued support...

Sorry to hear this, Jim.  I hope you beat them.

The systems which they claim are being
converted (fancy word for "stolen") by you
are not in your possession and have never
been in your possession.  In fact, they have
all been abandoned (Brinks' SOP) when
the homeowners stopped paying for
monitoring.  They *never* go out to
collect their used systems after they've been
in place for a while because they know
they can't sell them again.  Every customer
wants a new system.

While they might be able to prevail in the
matter of the programmers themselves,
that should not give rise to any significant
award.  First, they have no idea how
many programmers you've ever touched.
Second, the programmers' intrinsic value
is small.  Third, Brinks might be shown
to have abandoned them as well unless
they have sued ex-employees who failed
to turn them in.  If they made no real
effort to get them back after allowing
someone to use them for a time, they
are abandoned property.

As to copyright claims regarding the
software in these abandoned alarm
panels, that is nonsense.  You have not
copied and distributed such "software."

Of course, IANAL but the points are
things you'll certainly want to go over
with your lawyer.  Perhaps a counter-
suit is in order.  Their frivolous lawsuit
is certainly intended to interfere with
your business.  What you need to do
is show that it's tortious.

It might help if you got sworn statements
from other dealers who have seen many
abandoned Brinks systems.  Some of us
have sold replacement systems to *lots*
of ex-Brinks clients and are aware that
Brinks does not make any effort to retrieve
the systems.

If I can be of help let me know.  I have
numerous ex-Brinks customers as DIY
clients.  I could send out an email asking
for comments about their service, why
they cancelled and whether Brinks tried
to retrieve the leased systems.  We both
know what the answers would be.

--

Regards,
Robert L Bass

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Bass Home Electronics
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4883 Fallcrest Circle
Sarasota · Florida · 34233
http://www.bassburglaralarms.com
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