Possible Class Action Suit against Bead Plan Software creators

Possible Class Action Suit against Bead Plan Software creators

Post by Pamela Welbor » Sun, 16 Jul 2000 04:00:00



I posted this last sweek but?I don't see it here - so I'm posting it
again

We have started a group to try and help gather information that
hopefully may end in a class action lawsuit against the makers of
bead plan software.

The software has problems and the authors are no longer supporting
it.  They took the money and ran with it.  Mostly we want to gather
information and present a united front to them in an attempt to force
them to support their product in some fashion.

Please join our group if you have it and are interested in getting
help.

To join - send an e-mail to:

Pamela Welborn

--

Pamela Welborn
Beading Design Creation and Instruction
See my beadwork and tutorials:
http://albums.photopoint.com/j/AlbumList?u=180133&Auth=false

 
 
 

Possible Class Action Suit against Bead Plan Software creators

Post by Marilee J. Layma » Tue, 18 Jul 2000 04:00:00




Quote:
>I posted this last sweek but?I don't see it here - so I'm posting it
>again

>We have started a group to try and help gather information that
>hopefully may end in a class action lawsuit against the makers of
>bead plan software.

>The software has problems and the authors are no longer supporting
>it.  They took the money and ran with it.  Mostly we want to gather
>information and present a united front to them in an attempt to force
>them to support their product in some fashion.

Have you actually talked to an attorney about this?  There's tons of
software that is no longer supported, and there's nothing you can do
about it.

--
Marilee J. Layman
Bali Sterling Beads at Wholesale Prices, Retail Quantities
http://users.erols.com/mjlayman/balibead.htm

 
 
 

Possible Class Action Suit against Bead Plan Software creators

Post by Pamela J. Welbor » Wed, 19 Jul 2000 04:00:00


Quote:
----- Original Message -----

> Have you actually talked to an attorney about this?  There's tons of
> software that is no longer supported, and there's nothing you can do
> about it.

> --
> Marilee J. Layman
> Bali Sterling Beads at Wholesale Prices, Retail Quantities
> http://users.erols.com/mjlayman/balibead.htm

We have an attorney/beader/programer giving us advise - that is why the list
got started.  That way all the information is in one place.  This has been a
discussion here as well as many lists.  I am only the list owner.  I have a
mac and soon will have Beadscape.  Many people on one of my e-mail lists
were discussing it and I started the list for them.  Maybe it will make
Carlos and Anita know that there is a group mad at them and maybe - just
maybe they will fix the problem.  I know it's a very optomistic view but I'm
an optomist.  I try to see the good in all people.

This isn't a case of the company going belly up - it's a case of software
being sold - not working - the company no longer makes it but is still in
business.  They refuse to return e-mails or phone calls.  Many people have
e-mails from Carlos saying he was working on it and would get back to
them....  from back in January.  He's a theif for lack of a better word.  He
took their money and he may as well have given them an empty box for it
because the software doesn't work more than it does.  Many people never got
it to work at all - others have had computer crashes and it hasn't worked
since they re-installed it.

Pamy

 
 
 

Possible Class Action Suit against Bead Plan Software creators

Post by Dennis Zabaw » Wed, 19 Jul 2000 04:00:00


The odds of getting a judgement are very low.  And then, if you did
get one, who would you collect it from?????

When some of the first software related actions were being tried,
a Judge in Louisiana rendered a decision that basically said:  If
the software didn't even load on your computer, the supplier had
met all the legal requirements for delivering a product.  Things
have gotten even more obtuse since that time.

It is time to write this one off.  The only one who would benefit
financially from this suit would be the attornies.

DRZ

Quote:

> I posted this last sweek but I don't see it here - so I'm posting it
> again

> We have started a group to try and help gather information that
> hopefully may end in a class action lawsuit against the makers of
> bead plan software.

> The software has problems and the authors are no longer supporting
> it.  They took the money and ran with it.  Mostly we want to gather
> information and present a united front to them in an attempt to force
> them to support their product in some fashion.

> Please join our group if you have it and are interested in getting
> help.

> To join - send an e-mail to:

> Pamela Welborn

> --

> Pamela Welborn
> Beading Design Creation and Instruction
> See my beadwork and tutorials:
> http://albums.photopoint.com/j/AlbumList?u=180133&Auth=false

 
 
 

Possible Class Action Suit against Bead Plan Software creators

Post by auntmo.. » Wed, 19 Jul 2000 04:00:00



Quote:
> This isn't a case of the company going belly up - it's a case of
software
> being sold - not working - the company no longer makes it but is
still in
> business.  They refuse to return e-mails or phone calls.

Are you saying Beadplan didn't declare bankruptcy?

Quote:
>Many people have
> e-mails from Carlos saying he was working on it and would get back to
> them....  from back in January.  He's a theif for lack of a better

word.  He took their money and he may as well have given them an empty
box for it because the software doesn't work more than it does.  Many
people never got it to work at all - others have had computer crashes
and it hasn't worked since they re-installed it.

Pam, um, maybe your lawyer should advise you on what slander is, or
isn't.

My software works, btw. And is registered. But darned if I can find
that silly key code though, in case I need it again.

Mary

Aunt Molly's Bead Street
http://www.flash.net/~mjtafoya/home.htm

ebay: seriousbeader

Sent via Deja.com http://www.deja.com/
Before you buy.

 
 
 

Possible Class Action Suit against Bead Plan Software creators

Post by CraftCat » Wed, 19 Jul 2000 04:00:00


Quote:
>It is time to write this one off.

On the other hand, reversal of previous decisions need to start somewhere.  I
don't know much about this lawsuit, but just coming from the viewpoint of a
computer user--if a company creates software that doesn't work, they should be
held liable.  If the folks drop the case against the bead software maker
doesn't it send a message to other small software companies??? Just my thoughts
I could be wrong

susan

 
 
 

Possible Class Action Suit against Bead Plan Software creators

Post by Marilee J. Layma » Wed, 19 Jul 2000 04:00:00


On 18 Jul 2000 00:09:31 EDT, "Pamela J. Welborn"

Quote:

>We have an attorney/beader/programer giving us advise - that is why the list
>got started.  That way all the information is in one place.  

Pamela, when you both post & email, please note that in the message.
I answered Pamela back in email, similarly to the other posts here,
saying I don't think it's a viable suit.

--
Marilee J. Layman
Bali Sterling Beads at Wholesale Prices, Retail Quantities
http://users.erols.com/mjlayman/balibead.htm

 
 
 

Possible Class Action Suit against Bead Plan Software creators

Post by Minibea » Thu, 20 Jul 2000 04:00:00


<<If the folks drop the case against the bead software maker
doesn't it send a message to other small software companies??? Just my thoughts
I could be wrong>>

Nope.  You've got a valid point.  But do you want to probably throw more money
away?  I seriously doubt that a lawyer will do this for a percentage of the
winnings since a win that doesn't result in a bankruptcy is unlikely.

But I think we need to watch that those folks don't again try to put out bead
software.  If anyone hears of that, do let us know, here, since we know there
is an excellent chance that their word is meaningless and their plans are just
pipe dreams.  I certainly don't want to buy software from anyplace that these
folks are involved with; I don't care how good the product is, either.

Lewis

 
 
 

Possible Class Action Suit against Bead Plan Software creators

Post by Pamela J. Welbor » Thu, 20 Jul 2000 04:00:00


Quote:

> On the other hand, reversal of previous decisions need to start somewhere.
I
> don't know much about this lawsuit, but just coming from the viewpoint of
a
> computer user--if a company creates software that doesn't work, they
should be
> held liable.  If the folks drop the case against the bead software maker
> doesn't it send a message to other small software companies??? Just my
thoughts
> I could be wrong

Thanks Susan - that's the whole point

FIRST the subject header say POSSIBLE and in my e-mails I have said - I'm
only the list owner - it started on Learn2Bead which I also own and to serve
the people who are so upset and thinking of sueing and to stop the list from
becoming over run with Bead Plan stuff - I started this list.  I'm a mac
user....  I don't have and never will have PeadPlan.

All we really want them to do is to fix the software.

As for them going bankrupt - the company 3D software is still in
business......

and slander....  Well I am going from the people who have sent his e-mails
to the list - filled with promises and hey - if he trys that - we will get
the class action going.....  as a counter suit.

Pamy

 
 
 

Possible Class Action Suit against Bead Plan Software creators

Post by Carol Bau » Thu, 20 Jul 2000 04:00:00


Quote:

>My software works, btw. And is registered. But darned if I can find
>that silly key code though, in case I need it again.

I have registered software as well. 2.0 has served me well for years. I got 3.0
from Carlos for free via email the first version crashed, the second version
has been working just fine.  But I have lost my key code too, I have been
saving patterns as image files just in case I ever lose 3.0

Carol
http://members.aol.com/CarolB1234

 
 
 

Possible Class Action Suit against Bead Plan Software creators

Post by BeckiBe » Thu, 20 Jul 2000 04:00:00


Quote:
>it started on Learn2Bead which I also own

Pam -- is there a link where I could go visit your list?  Not about this issue,
just to see if I want to join.

Becki

 
 
 

Possible Class Action Suit against Bead Plan Software creators

Post by rbl.. » Thu, 20 Jul 2000 04:00:00


Quote:

>My software works, btw. And is registered. But darned if I can find
>that silly key code though, in case I need it again.

>Mary

Mary,
Pray that you never have to use the key code again, it won't work.
That is my problem.  I got the 3.0 update and then didn't realize that
I have to be careful when I did a defrag.
My beadplan gave me a new site code, so I asked Carlos for a key code.
When he finally responded after 2 months of email, he gave me a 14 day
code.  After that ran out, he wouldn't answer any email.
If you ever have a bad crash or want to change computers, your
Beadplan will be dead.

Rita

 
 
 

Possible Class Action Suit against Bead Plan Software creators

Post by Pamela Welbor » Thu, 20 Jul 2000 04:00:00


Becki,

You can join Learn2Bead eith by going to

http://www.egroups.com OR

It's a list that's only (supposed to be) about learning beading stitches
and the like.  Wel do try to stay on topic for the most part - We've
been discussin herringbone/Ndebel recently

Pamy

--

Pamela Welborn
Beading Design Creation and Instruction
See my beadwork and tutorials:
http://albums.photopoint.com/j/AlbumList?u=180133&Auth=false

 
 
 

Possible Class Action Suit against Bead Plan Software creators

Post by BeadR De » Thu, 20 Jul 2000 04:00:00


Can I ask a silly question?  How do you pronounce Ndebele?  I've
experimented with it some, but trip over it every time I show a piece to
a customer.  I'm afraid I may offend some of my customers if I
mispronounce it too badly.
--
---------------------------------------
Denise W.  --  Riverbend Creations
http://www.angelfire.com/mi2/riverbend/