My lawyer suggested against that but second opinion is never a bad thing.

Justin Hansen

On Tue, May 17, 2011 at 4:00 PM, Karl Heinz Brehme Arredondo <
[email protected]> wrote:

> Maybe some kind of legal document/process/intervention made by a lawyer to
> Novell/Attachmate. But I didn't succeed to contact my lawyer at this moment
> to as that question…
>
> Karl
>
> From: Demis Bellot <[email protected]>
> Date: Tue, 17 May 2011 20:50:28 +0100
> To: Justin Hansen <[email protected]>
>
> Cc: "[email protected]" <[email protected]>
> Subject: Re: [MonoTouch] SPAM-LOW: Re: So..... what happens now?
>
> Well I don't expect waiting for answers on this mailing list is going to
> provide a very eventful outcome.
> I haven't seen an official Attachmate employee post to this group ever
> since I heard of the rumour that they laid off the entire MT team.
>
> We need to open a dialogue with Attachmate on this issue and get a formal
> statement of how existing customers are meant to proceed on
> MonoTouch/MonoDroid technologies.
> Anyone got any ideas on how to do this?
>
> - Demis
>
>
> On Tue, May 17, 2011 at 8:45 PM, Justin Hansen <[email protected]> wrote:
>
>> I didn't say that Attachment doesn't suck and the product has a dead
>> future.
>>
>> NokNok is talking about law suits and fraud. Attachment doesn't have to
>> fix any bugs, they don't have to answer out emails and they don't have to
>> care. Nothing in any agreement with Novell said anything about any of that.
>> We purchased a product that works. I have apps in the app store made with it
>> so no one can say it isn't as advertised. Any technically for the time being
>> it still is. I wouldn't buy it. I would tell anyone else in the world not
>> to. But for those of us that did it just sucks. There is nothing that can be
>> done YET. They haven't done anything illegal YET. Wrong, definitely.
>> Immoral, sure. But nothing illegal or actionable has been done as far as
>> myself or my lawyer see it.
>>
>> Justin Hansen
>>
>>
>> On Tue, May 17, 2011 at 3:40 PM, Demis Bellot <[email protected]>wrote:
>>
>>> They have not killed the product yet..
>>>
>>>
>>> Which is a very real problem if they're still selling it given that..
>>>
>>>
>>>>  They just got rid of the team.
>>>
>>>
>>> Just? the reason why you would choose to develop software on a platform
>>> is that it remains a well-supported option
>>>
>>> They haven't said they won't get a new team.
>>>
>>>
>>> How can they possibly get a new team? all their expertise on the product
>>> has now vanished. This is not a drop-in tech for .NET devs on the street to
>>> fill. No Mono team means MonoTouch/MonoDroid will never be properly
>>> supported
>>>
>>> Also, their product still works.
>>>
>>>
>>> Where do we file bugs? and who will resolve them?
>>>
>>> On Tue, May 17, 2011 at 8:36 PM, Justin Hansen <[email protected]>wrote:
>>>
>>>> I still disagree. That analogy makes no sense. Your car will definitely
>>>> need oil changes. Updating the product that they create is up to their
>>>> discretion. Also, the easy fix in your scenario would be to pay for your 
>>>> oil
>>>> change elsewhere. This also can't be done with the product we are talking
>>>> about without further agreement which may be in the works for all we know.
>>>>
>>>> It doesn't guarantee the release of updates, it guarantees that we will
>>>> have access to any that come out.
>>>>
>>>> Justin Hansen
>>>>
>>>>
>>>> On Tue, May 17, 2011 at 3:28 PM, NokNok Developer <[email protected]
>>>> > wrote:
>>>>
>>>>>  I dont know about that.  If Im a consumer, looking to build .NET apps
>>>>> on MonoDroid, and I purchased MonoDroid last week, my expectation from the
>>>>> site is that I am paying for a product which includes 1 year of updates.
>>>>>
>>>>> If in fact, their is no-one to make such updates, nor is their "an
>>>>> intent" to provide updates over the year, then that my friend is fraud.
>>>>>
>>>>> So if they do not establish they HAVE intent, then in fact it would be
>>>>> like me selling  you my car, with a year free oil changes, but I have no
>>>>> place to do the oil changes, i have no employees to do the oil changes, i
>>>>> have no intention of ever giving you an oil change.
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> On 5/17/2011 3:09 PM, Justin Hansen wrote:
>>>>>
>>>>> They have not killed the product yet. They just got rid of the team.
>>>>> They haven't said they won't get a new team. Also, their product still
>>>>> works.
>>>>>
>>>>> They def haven't committed any fraud yet.
>>>>>
>>>>> I'm just as angry as the rest of you, I am just pointing out that all
>>>>> the conclusions that are being jumped to (that Attachment owes us 
>>>>> something
>>>>> or fraud) just aren't true yet. They say we are entitled to any updates 
>>>>> that
>>>>> come out for a year. The only way there is any fraud related to that is if
>>>>> an update does come out that is denied to us. They aren't guaranteeing 
>>>>> that
>>>>> they will ever come out with an update. The discount code works, no fraud
>>>>> there. The product has not been officially killed for all we know they are
>>>>> hiring new people to take the product in a new direction. I doubt that's 
>>>>> the
>>>>> case and wouldn't support them if they did, but since we can't prove any 
>>>>> of
>>>>> this none of the below statement is true at this point.
>>>>>
>>>>> Justin Hansen
>>>>>
>>>>> On Tue, May 17, 2011 at 3:03 PM, NokNok Developer <
>>>>> [email protected]> wrote:
>>>>>
>>>>>>  I dont know here, it would be to my thinking any company selling a
>>>>>> product claiming one year updates, and still providing the DISCOUNT CODE 
>>>>>> for
>>>>>> existing TOUCH USERS - AFTER LETTING GO OF ENTIRE TEAM, AND KNOWINGLY 
>>>>>> KILLED
>>>>>> THE PRODUCT - would be constituted as consumer fraud...
>>>>>>
>>>>>> Which all did occur...
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> On 5/17/2011 2:59 PM, Justin Hansen wrote:
>>>>>>
>>>>>> I agree, I'm saying that Attachment has no obligation to us.
>>>>>>
>>>>>> Justin Hansen
>>>>>>
>>>>>> On Tue, May 17, 2011 at 2:58 PM, Natalia Portillo <
>>>>>> [email protected]> wrote:
>>>>>>
>>>>>>> Hi,
>>>>>>>
>>>>>>>  El 17/05/2011, a las 16:55, Justin Hansen escribió:
>>>>>>>
>>>>>>> >From my standpoint if monotouch doesn't come with guaranteed support
>>>>>>> why should they be obligated to do so? Esspecially since we agreed that 
>>>>>>> they
>>>>>>> don't in the contract. I know that you can't have a contract that 
>>>>>>> negates a
>>>>>>> law but there is no law that says a company must provide user support.
>>>>>>>
>>>>>>> That being said I'm from the U.S. so I can't speak to anything
>>>>>>> outside this country. I just know my lawyer pointed out that clause in 
>>>>>>> 10
>>>>>>> minutes and asked me about promised support.
>>>>>>>
>>>>>>>
>>>>>>>  You still have the "one year of updates"
>>>>>>>
>>>>>>> Justin Hansen
>>>>>>>
>>>>>>> On Tue, May 17, 2011 at 11:52 AM, Karl Heinz Brehme Arredondo <
>>>>>>> [email protected]> wrote:
>>>>>>>
>>>>>>>>  I spoke with a lawyer in brazil (where consumer rights are one of
>>>>>>>> the strongest) and he said that the above term is absurd...
>>>>>>>>
>>>>>>>>  He said that a process can take really a long to court decide, but
>>>>>>>> can be a good pression. As I live in brasil, if I make something with
>>>>>>>> Novell, I will do here. So each one must do, I think, on tis living 
>>>>>>>> country.
>>>>>>>>
>>>>>>>>  Karl
>>>>>>>>
>>>>>>>>   From: Justin Hansen <[email protected]>
>>>>>>>> Date: Tue, 17 May 2011 11:47:56 -0400
>>>>>>>> To: Karl Heinz Brehme Arredondo <[email protected]>
>>>>>>>> Cc: "[email protected]" <[email protected]>
>>>>>>>> Subject: Re: [MonoTouch] SPAM-LOW: Re: So..... what happens now?
>>>>>>>>
>>>>>>>>  Out of curiosity does monotouch come with one year of support or
>>>>>>>> just one year of upgrades? See below:
>>>>>>>> MAINTENANCE AND SUPPORT
>>>>>>>>
>>>>>>>> Novell has no obligation to provide support or maintenance unless
>>>>>>>> You purchase an offering that expressly includes support or maintenance
>>>>>>>> services.  If You make such a purchase and no separate agreement
>>>>>>>> specifically applies to the support or maintenance services, then the 
>>>>>>>> terms
>>>>>>>> of this Agreement will govern the provision of such support or 
>>>>>>>> maintenance
>>>>>>>> services (“Services“).  For more information on Novell's current 
>>>>>>>> support
>>>>>>>> offerings, see http://www.novell.com/support.
>>>>>>>>
>>>>>>>>  I can't see where on the site it says anything about guaranteed
>>>>>>>> support.
>>>>>>>>
>>>>>>>> Justin Hansen
>>>>>>>>
>>>>>>>> On Tue, May 17, 2011 at 11:40 AM, Karl Heinz Brehme Arredondo <
>>>>>>>> [email protected]> wrote:
>>>>>>>>
>>>>>>>>>  Maybe that…
>>>>>>>>>
>>>>>>>>>  Karl
>>>>>>>>>
>>>>>>>>> _______________________________________________
>>>>>>>>> MonoTouch mailing list
>>>>>>>>> [email protected]
>>>>>>>>> http://lists.ximian.com/mailman/listinfo/monotouch
>>>>>>>>>
>>>>>>>>>
>>>>>>>>
>>>>>>>>
>>>>>>>> --
>>>>>>>> Justin Hansen
>>>>>>>> http://www.klickwerx.com
>>>>>>>> Need some technology help? - http://www.betterfly.com/LearnTheWeb
>>>>>>>>
>>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> --
>>>>>>> Justin Hansen
>>>>>>> http://www.klickwerx.com
>>>>>>> Need some technology help? - http://www.betterfly.com/LearnTheWeb
>>>>>>>
>>>>>>> _______________________________________________
>>>>>>> MonoTouch mailing list
>>>>>>> [email protected]
>>>>>>> http://lists.ximian.com/mailman/listinfo/monotouch
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>
>>>>>>
>>>>>> --
>>>>>> Justin Hansen
>>>>>> http://www.klickwerx.com
>>>>>> Need some technology help? - http://www.betterfly.com/LearnTheWeb
>>>>>>
>>>>>>
>>>>>> _______________________________________________
>>>>>> MonoTouch mailing 
>>>>>> [email protected]http://lists.ximian.com/mailman/listinfo/monotouch
>>>>>>
>>>>>>
>>>>>> _______________________________________________
>>>>>> MonoTouch mailing list
>>>>>> [email protected]
>>>>>> http://lists.ximian.com/mailman/listinfo/monotouch
>>>>>>
>>>>>>
>>>>>
>>>>>
>>>>> --
>>>>> Justin Hansen
>>>>> http://www.klickwerx.com
>>>>> Need some technology help? - http://www.betterfly.com/LearnTheWeb
>>>>>
>>>>>
>>>>
>>>>
>>>> --
>>>> Justin Hansen
>>>> http://www.klickwerx.com
>>>> Need some technology help? - http://www.betterfly.com/LearnTheWeb
>>>>
>>>>
>>>> _______________________________________________
>>>> MonoTouch mailing list
>>>> [email protected]
>>>> http://lists.ximian.com/mailman/listinfo/monotouch
>>>>
>>>>
>>>
>>>
>>> --
>>> - Demis
>>>
>>> http://twitter.com/demisbellot
>>> http://www.servicestack.net/mythz_blog
>>>
>>>
>>
>>
>> --
>> Justin Hansen
>> http://www.klickwerx.com
>> Need some technology help? - http://www.betterfly.com/LearnTheWeb
>>
>>
>
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>


-- 
Justin Hansen
http://www.klickwerx.com
Need some technology help? - http://www.betterfly.com/LearnTheWeb
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