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Dear Volker,
The rights and obligations of a "purchaser" of TS from Omega are provided in the
Omega TS end-users agreement, which I believe characterizes the transaction as a
purchase of a license to use TS, which license is personal to that license
purchaser. As a personal license, then, according to the agreement, neither the
license nor the underlying software is transferable to a third party. As you
might imagine, this characterization is not what some purchasers of TS in
particular, and of other software in general, thought they wer buying --- they
thought that they were buying the software, and as buyers, thought that they had
the right to do what they wanted with it, including not only selling it to third
parties but also having the original purchasers rights to receive ongoing
upgrades and technical support be transferable to third-party purchasers, none
of which, I understand, Omega is willing to recognize. In any event, this
characterization of "end-user agreements", the issue of purchase of software
vs. purchase of personal license to use software, is currently a hotly contested
issue in the US Courts. Recently, a California Court of Appeal handed down a
decision in favor of the "purchase of goods" side (as against the "purchase of
license" side). Time will only tell if that decision itself is upheld if
appealed or if it will be followed by other Courts. In other words, the answer
to your question is "it remains to be determined." Volker, would you care to
buy an option contract on the ultimate decision? I'm a trader at heart!
Sincerely,
Richard
(An atty in a former life)
Volker Knapp wrote:
> Hallo,
>
> I´ve been told from my german supplier that after you sold TS4.0 it can not
> be upgraded and that there is no more support???? But ok... that is not so
> important!
>
> So what is the status about that?
>
> BTW, I have everything here as well and I was also told by the german
> distributor that it is illegal to sell the software!!! I was also kicked out
> of the german forum for that and have been told that Omega will take legall
> action against me.
>
> So what is the truth now. Maybe Pierre and Mark Brown do know since they
> both Omega Solution Provider?
>
> BTW, in Germany you can still buy TS2000i for over 2000 US$.
>
> You might have guessed right, I am not using TS anymore but I still like to
> develop systemsand trade them.
>
> Volker Knapp
>
> -----Ursprüngliche Nachricht-----
> Von: RYAN PORTER [mailto:port45@xxxxxxxxxxxx]
> Gesendet: Donnerstag, 7. Februar 2002 17:40
> An: omega-list@xxxxxxxxxx
> Betreff: TS 4.0 OS 1.2 (cur. best bid: $200)
>
> Current high bid: $200
>
> hopefully this will give you more detail on the software
> (revised email)
>
> ORIGINAL EVERYTHING INCLUDING BOXES!!!
>
> TS build # 19.6
> option station build #6
>
> both fully upgradeable.
>
> Tradestation
>
> Manuals
> user's
> server
> downloader
> analysis techniques
> getting started
> easylanguage
>
> Videos
> easy language parts 1&2 (4 videos)
> and getting started in tradestation
>
> Additional software
> Win Beep "remote access software"
> Win Beep users manual
>
> OptionStation
> Manuals
> users
> downloader
> server
>
> 25 year historical data CD
>
> Highest Bidder as of 7pm Pacific Time Friday Feb 8th will be the owner.
>
> instructions will be sent to winner regarding paying via paypal.
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