It also has to be more than $5m at stake (I douby MT+MD took 5m in total...). The wikipedia page is defn worth reading.
On Wed, Jul 13, 2011 at 17:15, Nic Wise <[email protected]> wrote: > 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 > > -- 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
