Linked by Thom Holwerda on Wed 1st Sep 2010 20:24 UTC
Legal Well, this was rather unexpected. As it turns out, Commodore USA's CEO Barry Altman isn't particularly pleased about the article I wrote earlier today in which I placed a considerable amount of scepticism with regards to Commodore USA and its business (and website). He (not his lawyer) sent us a threatening email demanding we take down the article, post a new correction article, the whole shebang. The entire email - as an image, you'll want the original formatting - after the break. Our reply? We refer you to the reply given in the case of Arkell v. Pressdram.
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Take a chill pill
by BigBentheAussie on Thu 2nd Sep 2010 01:01 UTC
BigBentheAussie
Member since:
2008-03-29

Just a few things guys....

Do you realise that Commodore USA is a start-up?
Do you realise that it made no sense to invest in a fancy website until we had the trademark licenses sorted out?

Let's see, we've had the Commodore one for a week or two, and the Amiga one for a couple of days.
Don't worry, we'll have that fancy website soon enough.
That you don't think we have the trademarks licensed is rather insulting, both to us, and the people who actually own the trademarks.

That is all Hyperion are questioning and it is easily sorted out.

The response from **normal** people has been great and that is what is the most important.

You have no idea of what our plans are. Our situation. Nothing. You do realise we're going to sell our machines in stores don't you?

What happened with Thom is regrettable, but it only shows how callous people can be before they know the real story, or even bother to find out. Maybe it's a very Australian thing for me, to believe in giving people a fair go. To not rush to judgment, especially based on the lack of polish of a website, for Pete's sake.

We are not asking anyone for a kidney... or indeed anything at this point. The kind of criticism we are receiving is unjustified and in many cases borders on insanity.....it's rather amusing to watch actually.
Without the Commodore name you wouldn't care less about whatever it is you perceive to be our foibles.

It's a pity things cannot emerge fully realised from day one, but that is not the way things work. Rome was not built in a day.

Warmest Regards,
Leo Nigro
Chief Technology Officer,
Commodore USA, LLC
lan@commodoreusa.net

Reply Score: 1

RE: Take a chill pill
by eliyahu on Thu 2nd Sep 2010 01:28 in reply to "Take a chill pill"
eliyahu Member since:
2010-04-30

You have no idea of what our plans are. Our situation. Nothing. You do realise we're going to sell our machines in stores don't you?

how would we know that? you just stated we know nothing of your plans.

What happened with Thom is regrettable, but it only shows how callous people can be before they know the real story, or even bother to find out. Maybe it's a very Australian thing for me, to believe in giving people a fair go. To not rush to judgment, especially based on the lack of polish of a website, for Pete's sake.

it's not an issue of a lack of polish, leo. let's get that cleared up right now. yes, the site looks horrible, but that is not what bothers people. let's talk about what does:

* what bothers people is stealing graphic works, airbrushing out the copyright notice, and posting it.

* what bothers people is using trademarks before securing a license to them when fair-use is obviously not an issue.

* what bothers people is lifting product images from google images -- images which do not reflect planned products.

* what bothers people is lifting, word-for-word text from other websites (such as ubuntu) without even a hat tip.

* what bothers people is suggesting mac os x might run on your products which would suggest people violate apple's EULA -- which is illegal.

We are not asking anyone for a kidney... or indeed anything at this point. The kind of criticism we are receiving is unjustified and in many cases borders on insanity.....it's rather amusing to watch actually.
Without the Commodore name you wouldn't care less about whatever it is you perceive to be our foibles.

no, what you're asking is for people to treat you seriously after your 'CEO' conducts business like a fifteen-year-old child. are you even paying attention? let me try and make this clearer:

your 'CEO' threatened an editor of a computing enthusiast site because he expressed an opinion. a well-founded opinion, IMO. and he did so COPYING A THREAT WORD FOR WORD FROM A RANDOM LEGAL SITE ON THE WEB!! he can't even write his own childish threat for goodness sakes.

It's a pity things cannot emerge fully realised from day one, but that is not the way things work. Rome was not built in a day.

obviously startups have growing pains. but they at least figure out their basic product plan, marketing strategy, and legal restrictions prior to announcing so they don't look foolish. and then when someone sees a constant stream of unprofessional behavior, draws a conclusion, and expresses an opinion, they try to see that as criticism and address it appropriately. not threaten to sue. not threaten to sue with a plagiarized form letter.

when you and barry have something in hand, then, and only then, should you announce it. after your infrastructure is in place. until then, quit calling yourselves CEOs and CTOs and talking about lawyers and PR people you don't have. you're operating out of barry's house. get grounded. come back. and then you can ask for respect. not before.

-- eliyahu

Reply Parent Score: 11

RE[2]: Take a chill pill
by Alex Forster on Thu 2nd Sep 2010 01:33 in reply to "RE: Take a chill pill"
Alex Forster Member since:
2005-08-12

when you and barry have something in hand, then, and only then, should you announce it. after your infrastructure is in place.


Emphasis here. I know you're a small startup and I'm sure you have good intentions, but consider stealth mode until you have more to show.

Reply Parent Score: 4

RE: Take a chill pill
by Alex Forster on Thu 2nd Sep 2010 01:29 in reply to "Take a chill pill"
Alex Forster Member since:
2005-08-12

So you would be the guy mentioned here? http://www.osnews.com/thread?439054

Expand on the threat from your partner.

Reply Parent Score: 2

RE: Take a chill pill
by Soulbender on Thu 2nd Sep 2010 03:39 in reply to "Take a chill pill"
Soulbender Member since:
2005-08-18

Do you realise that it made no sense to invest in a fancy website until we had the trademark licenses sorted out?


Maybe you shouldnt actually put up a page at all before that is sorted out? You know, so you actually had a product that you can legally sell before putting them on your products page?
Anyway, how does this excuse stealing other companies copyrighted images and material? How does this excuse presenting incorrect information regarding the products and what OS they can run?

That you don't think we have the trademarks licensed is rather insulting, both to us, and the people who actually own the trademarks.


Uh, you just said you don't. If you had one you wouldnt still be "sorting it out". In the process of acquiring one != have one.

It's a pity things cannot emerge fully realised from day one, but that is not the way things work


Maybe you should spend more time working on actual products and creating your own web site content rather than threatening people who express an opinion.
Just sayin'.

Reply Parent Score: 3

RE[2]: Take a chill pill
by dylansmrjones on Fri 3rd Sep 2010 00:20 in reply to "RE: Take a chill pill"
dylansmrjones Member since:
2005-10-02

Oops Soulbender. You misread past tense for present tense.

BigBenAussie clearly wrote "had sorted out" and not "have sorted out". E.g. at the time the website was made licenses weren't sorted out. They are however sorted out now. That's what he wrote, but not what you read, so your entire post is pointless. Much like CommodoreUSA ;)

Reply Parent Score: 2

RE: Take a chill pill
by WereCatf on Thu 2nd Sep 2010 05:33 in reply to "Take a chill pill"
WereCatf Member since:
2006-02-15

Just a few things guys....

Indeed, just a few things:

* You never addressed any of the complaints presented.
* You are defending a CEO who copies legal threats, word for word, from other sites.
* You guys are threatening the very audience you are trying to sell to.
* You are using stolen images from other sites about other companies' products and only removed their logos.
* You went ahead, threw up a (HORRIBLE) website, you have no products to sell, and are using the "Commodore" name without a license for it.

Way to go to build trust and fame. You know, you guys were already in a damn sink hole and now you're just digging even further down and using a damn excavator to it too, not just a shovel!

Reply Parent Score: 4

RE: Take a chill pill
by MORB on Thu 2nd Sep 2010 09:06 in reply to "Take a chill pill"
MORB Member since:
2005-07-06

Here's a few links for you:

Your business plan:
http://encyclopediadramatica.com/Unrealistic_expectations

What you're doing:
http://encyclopediadramatica.com/Lolsuit

Members of the amiga community:
http://encyclopediadramatica.com/Lolcow

(those particular ED pages are only slightly not safe for work. The site however generally isn't, so be warned of you click any link)

Reply Parent Score: 2

RE: Take a chill pill
by Almafeta on Thu 2nd Sep 2010 16:48 in reply to "Take a chill pill"
Almafeta Member since:
2007-02-22

Do you realise that it made no sense to invest in a fancy website until we had the trademark licenses sorted out? Let's see, we've had the Commodore one for a week or two, and the Amiga one for a couple of days.


Does anyone have a saved archive of the original website? One with the order page for Commodore-branded computers.

Because if so, then if it can be shown that this guy actually works at "Commodore USA", you could make an argument that "Commodore USA" was taking money for products they knew they did not have the legal right to sell.

Edited 2010-09-02 16:49 UTC

Reply Parent Score: 2

jabbotts Member since:
2007-09-06

Check the waybackmachine a-la archive.org

Reply Parent Score: 2

RE: Take a chill pill
by historyb on Thu 2nd Sep 2010 23:54 in reply to "Take a chill pill"
historyb Member since:
2005-07-06

A shoddy and bad business indeed

Reply Parent Score: 2