And in reading wikipedia: for all those of us not in the US (which is a lot here): this doesn't apply to you. class action only exists in the US and a few EU states, tho those are mostly only setup for, say, a consumer organisation (eg Cunsumer Reports for eg) to take an action on behalf of a lot of people.
On Wed, Jul 13, 2011 at 16:43, Wally McClure <[email protected]>wrote: > A few thoughts: > > - Getting into a lawsuit on this does not seem like a smart deal to me. > As Nic wisely suggested, time is better spent developing rather than with > lawyers. if someone decides to go the legal route, and I am not going to > stand in their way in any way, shape, or form, the time you spend with a > lawyer is significant and above the necessary bill rates. > - I seriously doubt that you will be able to get class action status. > I don't know what the sales of monotouch/droid are and I don't know who it > takes to achieve a class action status, but it doesn't seem to be a large > enough number of sales. I could be wrong. [image: Smile] > - From what I heard, the mono management had about 5 minutes of > advanced knowledge of what was going to happen. I doubt that the half-off > deal was in anyway associated with the upcoming shutdown. > > > While I think we are all upset over the firings and shutdowns of the > products, lets not go looking for a scapegoat. My suggestion is to just let > this go given what we know at this time. > > Wally > > > Date: Wed, 13 Jul 2011 08:24:57 +0100 > > From: [email protected] > > To: [email protected] > > CC: [email protected]; [email protected] > > > Subject: Re: [MonoTouch] Class action lawsuit? > > > > 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 > > >>> [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 > > >> [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 > > [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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