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

["Nick Markowitz Jr." <nick-markowitz@xxxxxxxxxxx>]

Seems to me if this equiptment was leased they would have a sticker on it
some where saying it is leased and were to return it like all other companys
who lease equiptment I deal with. I have seen over the years companys try to
claim property that is theres and unless they vigorously enforce the lease
agreement including properly makring it most district courts up here say too
bad when a buisness goes belly up and equiptment is removed.

Hope you kick there ass in court.

"Robert L Bass" <no-sales-spam@bassburglaralarms> wrote in message
news:s4GdnQl5oudmjY7bnZ2dnUVZ_sSmnZ2d@xxxxxxxxxxxxxx
>> 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
>
> =============================>
> Bass Home Electronics
> 941-925-8650
> 4883 Fallcrest Circle
> Sarasota · Florida · 34233
> http://www.bassburglaralarms.com
> =============================>
>