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Trouble Brewing? (Read 1054 times)
Brian Snyder
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Trouble Brewing?
05/15/03 at 17:21:27
 
I just came across this and was wondering what's going on at DBA:
 
from http://www.dbasoftware.com/techsupport/ts_faq2.htm#14  
 
We've had numerous complaints and reports from customers in regards to receiving unsolicited e-mails from a company named IS Tech Support.   It is our belief that a former employee, Lynn Pantic, is using our customer e-mail list to promote her new company.  Our lawyers have demanded that Lynn stop making unauthorized use of our customer list.  It is not our policy to give out our customer list to third parties.  
 
If you continue to receive unsolicited e-mails, please forward such e-mails to sales@dbasoftrware.com so that we can take remedial action.  
 
Without our approval, Lynn is promoting a product from Business Tools named TAS6evolution that replaces the core of our product, the TP5WDBA.EXE engine.  She claims on her web site that this product "complies with all DBA licensing agreements."  Our lawyers take a contrary position and have formally demanded that IS Tech Support cease and desist selling TAS6evolution.  TAS6evolution is not an add-on product, but a replacement product.  Permission to replace the core component of our system has not been given to IS Tech Support or Business Tools.   TAS6evolution raises a number of legal issues, including possible copyright infringement and interference with supplier-customer contractual relationships.  Use of TAS6evolution is not granted by our license.  If you have purchased this product, we advise you to return it.  
 
Are there new versions of DBA being developed by third parties?  
 
Not with our permission, approval, or support.  Any such products are a violation of the DBA end-user license agreement.  The license specifically does not allow the DBA product to be translated or converted into another programming language, nor does it allow derivative works to be produced.  The open source code can be modified, but no permission is granted to modify or replace those portions of the system where source code is not provided, such as the TP5WDBA.EXE engine.  
 
Our open source code policy is intended to allow customers or third parties to modify our programs for special requirements or to create add-on products that add value to the base product.  By and large it has served these purposes well over the years.  However, it was never intended to allow others to promote any type of new version or derivative of DBA.  In protection of our trademarks and intellectual property rights, we will take vigorous action to stop any such products and to protect against misuse of the DBA name.  
 
Even though we are bringing out our new product, Ezijobz, this summer, this does not mean that we are abandoning DBA.  We will continue to maintain its application programs, provide technical support, and furnish additional user licenses.  Third parties are welcome to create add-on products and offer services that enhance the value of the base product.  We have no plans, however, to rewrite or convert DBA into some other technology because we have already addressed such concerns with our investment in Ezijobz, a product we are giving free to all our customers.  ???
 
I have no desire to go with Ezijobs. I'm sticking with Lynn and Evo.
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D. Brian Snyder
Prebco Bushing Company
Baldwin Park, California
Evo-ERP 2007.1 ISTech Update 5/1/07
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ASM
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The Guitarman...

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Re: Trouble Brewing?
Reply #1 - 05/16/03 at 06:54:02
 
That's very interesting. this could be a huge deal. I better hold off on purchasing EVO.
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Lynn_Pantic
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evolution (n) -
gradual change to a
different form

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Re: Trouble Brewing?
Reply #2 - 05/16/03 at 08:09:29
 
Thanks for the vote of confidence, Brian.  
 
The DBA License Agreement specifically states "You may compile the source code and any modifications you have made, and install the resulting runtime code on any machine for which a License for the unmodified Software has been purchased from DBA, for the specified number of users and period of time..."
 
Since Evolution is sold only to licensed DBA users and validates the underlying DBA license for number of users and expiration date, I fail to see how this is in violation of the DBA license agreement as they state.  It is an add-on product that will not operate on its own but requires the licensed DBA product to exist.  But, unfortunately, DBA has taken the step of getting the attorneys involved.
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Lynn Pantic
IS Tech Support
lynn@istechsupport.com
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sknapp
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Re: Trouble Brewing?
Reply #3 - 05/20/03 at 09:00:32
 
I had posted a similar concern (probably in the wrong area).  As a company, I think your gradual change approach would fit best with our philosophy.  However, we certainly do not want to start down a path that will be shut down.  
 
Quote from sknapp   on 05/14/03 at 11:12:01:
From the DBA website, indications are the friendly relationship indicated earlier between ISTS and DBA no longer exists, and you have parted company. It seems users are at a serious crossroads. ???

Is there any pending request or legal action to deter those of us who are undecided from choosing EVO? At some point in the future, DBA will probably cease to be supported by the company moving to ezijobz. Will you be legally hampered by trademark/ownership issues from continuing to develop and support whatever hybrid of DBA exists at that point in time?

We are just are looking for reassurance that you will be able to continue to provide support and updates should we move in that direction.

 
I guess that is really two questions - one immediate and one "on down the road"...
 
 undecided,
Shannon
 
Shannon Knapp
North East Machine & Tool
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Shannon Knapp
North East Machine & Tool Co
Janesville, IA
Some days are just like that....
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JLZimm
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Re: Trouble Brewing?
Reply #4 - 05/20/03 at 18:33:58
 
Right off hand I would say that the existance of IS Tech Support is making it very difficult for dba to establish a customer base for ezjobs.   Many many of us have expressed doubts about switching any time soon.
 
It seems to me that dba's own software support has been so bad since Lynn left that they are in severe trouble with there existing customer base.
 
The existance of the EVO product is a direct threat to their ability to sell us all on changing.   The lawyers will have fun.   Get a good one Lynn.   This sort of thing is always worst when you are dealing with people with whom you thought you had a good trust relationship.  Try not to take any of it personally.
 
For the rest of us.   This kind of legal action never is resolved soon.  Generally it takes multiple years.    Let's do what's best for our own companies and wait it out.
 
This action on dba's part makes me feel less and less open to switching to ezjobs.
 
Jeanette Zimmerman
Lowery & Company Inc
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