I think that the first thing that we need to do
is take a level headed look at just exactly what is reasonable, and what is
not.
If you buy a used machine with no documentation,
and you happen to be a "nimnu", then the manufacturer might be reasonable in
charging you a fee to train you how to operate the machine, or hold your hand
every time you turn it on.
A manufacturer certainly has the right to charge
a "reasonable" price for manuals, accessories, and spare parts, but at the
same time, if they are being unreasonable, then the consumer also has the
right to stand out in front of the manufacturers plant (or booth at a trade
show) with a sign that says "beware of extortion", or "rip-off".
It sounds to me like some of these
practices would be an outright violation of the law in some states here
in the US, and it is certainly an outright ethics violation in any locality
any way you look at it.
The "practice" of removing and relicensing
software sounds particularly illegal. Notwithstanding what any of the
particular EULAs (End User License Agreements) may specifically say, there are
laws that govern even software in these instances, and in most jurisdictions,
the laws will specifically override anything an ELUA may say, specifically if
the software is required to make the hardware operate. In other words, just
because an ELUA says something, doesn't make it so. In yet other words, a
manufacturer may attempt to screw you with its ELUA, but the ELUA may in fact
not be lawful, and you may have specific rights in spite of the what the ELUA
might say. Anyone playing this game not only deserves to be sued, but may
deserve a little ferderal "extortion" time. If any of these "crimes" have
occured in interstate commerce (across state lines), then it just may be time
to call the U.S. Attorneys Office and ask them whether or not there is
anything that can be done in any specific circumstance..
Please please please make the names of these
companies public.
Please please please at least send me their names
off line.
We need to let these people know that what they
are doing is unacceptable, and that we as consumers are not going to let them
get away with it.
Yes our industry is hurting and having hard
times, but that's all the more reason to stick together and expose the
"economic terrorist" among us.
What can we do?
Firstly, we can flood, and I do mean flood, these
specific manufacturers with tons and tons of email, letting them know that
this is totally unacceptable. If you don't want them to know who you are (in
the event that you own some of their equipment), and are in fear of
reprisals, then you can get a "Yahoo!" or "Hotmail" email account and be
anonymous.
Secondly, we can find out where these people plan
to exhibit their equipment at trade shows, and the like, and let them know
that several of us will be there to talk to every single one of their
prospective customers and let them know just exactly what kind of business
they actually conduct.
Thirdly, we can each look into just exactly what
kind of consumer protection laws exist in our own specific states and
governmental jurisdictions, as I am pretty sure that there is some "consumer"
/ "warranty" protection against this kind of stuff in at least some
localities.
Fourthly, we can file specific complaints with
Trade Associations and Better Business Bureaus, and right letters to trade
magazines. Respecting whether or not any specific magazine will or will not
publish any specific "letter to the editor", I am sure that if a magazine is
inundated with mail / email, that they would at least publish some
letters that would touch on the issue without naming names. Maybe the thing to
do here is "nufge" the magazine to publish an article respecting "fraud,
extortion, and unethical conduct" on these practices.
Fifthly, we can set up a specific "Yahoo! Groups"
email list where these companies will specifically be named and their
practices specifically exposed, and where we will let the companies know that
they will be named and their practices exposed.
Sixthly, we can find out who the reps for these
companies are, and give them a good piece of our mind.
Seventhly(?), we can turn off our "caller id" on
our own phones and then call these companies and their reps and let them know
that we "are mad as heck and we aren't going to take it any more!". If they
have an 800 number, borrow your neighbors phone and blast them.
Bottom line here is that some of these practices
are not only unethical, but in some cases might be outright illegal, and we
need to publicly go after these guys for this kind of behavior.
As one parallel post pointed out, maybe it is
time for a letter or two from a company lawyer.
JaMi Smith
----- Original Message -----
Sent: Tuesday, June 10, 2003 3:43
PM
Subject: [TN] Machine registration
fees...
Hi All!
I guess this is one of the downsides of
having a buyers market on used assembly equipment, and I do understand how depressed the new
equipment market is, but I'm being asked to pay resistration fees in the
thousands of dollars, on each machine that I bought on the open market...no
matter if we've bought new equipment from the company that is now asking for
fees before. Are any of you experiencing this as well?
Without the
fees, you won't get any support at all. Was told we could still buy parts,
but that the part numbers change all the time, so if I was to order a part
out of the manual, they may have that number under a different part, and
send that part to me. Once it was received it's ours, and it could not be
sent back for credit. Even further, without being registered, they wouldn't
tell us what the new part number should be. Feels like you have no choice
but to pay the fees.
Again, I understand how bad the market is now,
but it seems that I've only experienced "registration fee" stuff in printed
circuit assembly equipment. If I go buy a used car, I don't charged a fee to
have my car worked on by a factory trained technician, or have to pay a fee
to be able to buy OEM replacement parts...
Kinda' stinks if you ask
me...
-Steve Gregory-
---------------------------------------------------
Technet Mail
List provided as a free service by IPC using LISTSERV 1.8e
To unsubscribe,
send a message to [log in to unmask] with following text in the BODY (NOT the
subject field): SIGNOFF Technet
To temporarily halt or (re-start) delivery
of Technet send e-mail to [log in to unmask]: SET Technet NOMAIL or (MAIL)
To
receive ONE mailing per day of all the posts: send e-mail to [log in to unmask]:
SET Technet Digest
Search the archives of previous posts at:
http://listserv.ipc.org/archives
Please visit IPC web site
http://www.ipc.org/html/forum.htm for additional information, or contact Keach
Sasamori at [log in to unmask] or 847-509-9700
ext.5315
-----------------------------------------------------