here's my thoughts:

First, if the restructuring etc hadn't happened, you would have had a
great product by now, with 3 months of experience in it, which is
good. So I doubt you can blame the MonoTouch/MD people (ie, Miguel and
co) for that (which you didn't....)

Which leads me on to the other one: while Miguel has said he was in
the process of spinning Mono* out of Novell from late last year, I
suspect they didn't know anything about the firings and general
product killing until slightly before we did - I would guess, tho I
dont KNOW, he might have known at most 30 mins before _everyone else_
at Mono* did, which would be about 24 hours before all of us found
out. This is only 'cos he was a VP of something. Being he got fired
too, I suspect he didn't.

I've been thru an acquission and subsequent shutdown of a team once,
and generally, only the top management (in our case, our dev/country
manager, hence why I suspect Miguel might have found out about it
slightly before everyone else there) find out before hand, and usually
only slightly before as they have to have a little time to think about
it and answer questions from the rest of the staff. But not always.

But I seriously doubt that when the half-price deal was put into
motion, anyone on the MD/MT team knew what was going to happen. I
believe (maybe wrongly?) that they acted in good faith. Now,
attachmate/Novell.... thats another story. Worst. Customer. Service.
and. communication. EVER. Hence why the class action would be on
novell/attachmate, and not the MT/MD team.





On Wed, Jul 13, 2011 at 08:14, Pete Macko <[email protected]> wrote:
> I dont mind the monotouch part as much as getting suckered into buying the 
> pile of shit that is/was monodroid. Shame on me for trying to financially 
> support a decent idea - should have waited for it to age a bit before busting 
> out my credit card. $199 for a worthless broken steaming pile of dung. More 
> than one person at Asstachmate must have known the real story before they 
> cooked up the 'we are showing our gratitude to our loyal customers by 
> offering monodroid at half off' (I.e. "Here is our chance to rectally invade 
> the mono community one more time before they figure out what a bunch of pond 
> scum douching asshats we are") marketing campaign.
>
>
>
> Sent from  my iPhone
>
> On Jul 13, 2011, at 2:56, Nic Wise <[email protected]> wrote:
>
>> For me it's actually moot, being my updates expired about 3 days
>> before the whole thing went down....
>>
>> On Wed, Jul 13, 2011 at 00:34, Chris Hamblett <[email protected]> wrote:
>>> Class action suits work differently then regular suits. In the few I've 
>>> been in, all I had to do was fill out a form which took ten minutes, wait 8 
>>> months, and received a check for the settlement amount. The lawyers make 
>>> the money from the overall quantity of those that sign on and in many cases 
>>> they force the defendant to pay there fee for making us take them to court, 
>>> thus getting the full refund back for the clients they represent. Attach 
>>> mate also broke their end of a contract, so they wouldn't be in a position 
>>> to control if it is credit or not. That would be like you canceling a cell 
>>> phone contract, then simply giving them some of your unwanted stuff of 
>>> equal value to what is owed rather then paying any fees. Even if the 
>>> license terms stipulate that we donated the fee to them and they were not 
>>> obligated to provide anything in return, it would take a very crooked judge 
>>> to agree that those terms are not fraudulent and unreasonable
>>>
>>> The biggest risk would involve the amount of people that sign on to the 
>>> suit, which would immediately relate to the amount of a return a firm can 
>>> expect to get paid for winning. They would look over the case and it's 
>>> likely chance of winning, then if they found it to be in the client's favor 
>>> they would poll how many individuals are interested in signing on. Anyone 
>>> with the time to read these lists is not so busy coding that they can't 
>>> fill out a form, but the risk is still there that not many people care 
>>> about a couple hundred dollars. That's the whole push behind mail in 
>>> rebates, a company rarely gets concerned of paying for them.
>>>
>>> Unfortunately, I don't know any class action firms, so it's a null point. 
>>> I'm hoping someone else does, though.
>>>
>>> Sent from my iPad
>>>
>>> On Jul 12, 2011, at 5:40 PM, "Nic Wise" <[email protected]> wrote:
>>>
>>>> Go for it, but I'm with Jason (and also not in the US). I make more in
>>>> a month and a half than the cost of the license, and my apps don't
>>>> sell _that_ well.
>>>>
>>>> And to be honest, I'd rather write apps than try to get compensation.
>>>> It's a better use of my time.
>>>>
>>>> But there is no way I'd stop you doing it. I'd read the license terms
>>>> tho. Your "pay out" could be ($499 / 12 months * number of months
>>>> left). Even if it was a corporate license, an hour or 2 of lawyer time
>>>> would be eaten up. If it worth spending the time for, say, $150 in
>>>> Attachmate credit? (being it's seldom a cash payout)
>>>>
>>>> On Tue, Jul 12, 2011 at 20:33, Chris Hamblett <[email protected]> 
>>>> wrote:
>>>>> You are assuming that there are class action cases worth tens of millions
>>>>> all over the place. There are actually a lot of less then rich lawyers
>>>>> because they have to compete for the same cases; I can't see a lawyer
>>>>> choosing to starve then accept a $20k+ paycheck for a month or two worth 
>>>>> of
>>>>> actual work, but then again I'm not a lawyer and they might choose the
>>>>> principle of begging on the street then work for less then a certain 
>>>>> amount.
>>>>> Just think of the lawyers who take a case of medical malpractice worth 
>>>>> $10k
>>>>> to $15k; if they had soo many million dollar cases, they would constantly
>>>>> turn down those "low profile" cases. It's like a software developer never
>>>>> working for less then $40 an hour and choosing to get food stamps instead
>>>>> because the good paying jobs are gone; this is rarely the case, and people
>>>>> always take less then thrilling jobs while hoping for something better.
>>>>>
>>>>> ________________________________
>>>>> Date: Tue, 12 Jul 2011 14:24:47 -0500
>>>>> Subject: Re: [MonoTouch] Class action lawsuit?
>>>>> From: [email protected]
>>>>> To: [email protected]
>>>>> CC: [email protected]
>>>>>
>>>>> not even a bad lawyer would be interested in a class action with a $40k
>>>>> liability.  They're interested in cases in the tens of millions.
>>>>> I'm as pissed as anyone at Attachmate, but suing them is just going to 
>>>>> make
>>>>> the lawyers richer, and give you an ulcer in the process.
>>>>> At this point I'm content to wait and see what Xamarin comes up with.
>>>>>
>>>>> On Tue, Jul 12, 2011 at 1:22 PM, Chris Hamblett <[email protected]>
>>>>> wrote:
>>>>>
>>>>> Does anyone know a good class action lawyer that would be interested
>>>>> in pursuing Attachmate to get some of the license fees refunded to current
>>>>> paid owners? I bet their is at least $40k worth of licensing that 
>>>>> Attachmate
>>>>> is not supporting per the purchase terms. This is especially pertinent to
>>>>> those that are having license activation problems and cannot even use the
>>>>> deployment portion of the IDE.
>>>>> ~Chris
>>>>> _______________________________________________
>>>>> MonoTouch mailing list
>>>>> [email protected]
>>>>> http://lists.ximian.com/mailman/listinfo/monotouch
>>>>>
>>>>>
>>>>>
>>>>> _______________________________________________
>>>>> MonoTouch mailing list
>>>>> [email protected]
>>>>> http://lists.ximian.com/mailman/listinfo/monotouch
>>>>>
>>>>>
>>>>
>>>>
>>>>
>>>> --
>>>> Nic Wise
>>>> t.  +44 7788 592 806 | @fastchicken | http://www.linkedin.com/in/nicwise
>>>> b. http://www.fastchicken.co.nz/
>>>>
>>>> mobileAgent (for FreeAgent): get your accounts in your pocket.
>>>> http://goo.gl/IuBU
>>>> Trip Wallet: Keep track of your budget on the go: http://goo.gl/ePhKa
>>>> London Bike App: Find the nearest Boris Bike, and get riding! 
>>>> http://goo.gl/Icp2
>>> _______________________________________________
>>> MonoTouch mailing list
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>>> http://lists.ximian.com/mailman/listinfo/monotouch
>>>
>>
>>
>>
>> --
>> Nic Wise
>> t.  +44 7788 592 806 | @fastchicken | http://www.linkedin.com/in/nicwise
>> b. http://www.fastchicken.co.nz/
>>
>> mobileAgent (for FreeAgent): get your accounts in your pocket.
>> http://goo.gl/IuBU
>> Trip Wallet: Keep track of your budget on the go: http://goo.gl/ePhKa
>> London Bike App: Find the nearest Boris Bike, and get riding! 
>> http://goo.gl/Icp2
>> _______________________________________________
>> MonoTouch mailing list
>> [email protected]
>> http://lists.ximian.com/mailman/listinfo/monotouch
>



-- 
Nic Wise
t.  +44 7788 592 806 | @fastchicken | http://www.linkedin.com/in/nicwise
b. http://www.fastchicken.co.nz/

mobileAgent (for FreeAgent): get your accounts in your pocket.
http://goo.gl/IuBU
Trip Wallet: Keep track of your budget on the go: http://goo.gl/ePhKa
London Bike App: Find the nearest Boris Bike, and get riding! http://goo.gl/Icp2
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