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Home > Law > Small Claims   »   SOL on a Business to Business Small Claims Court

 
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Old Jun 9, 2008, 12:10 PM
BBeleskey
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SOL on a Business to Business Small Claims Court

Our case is that we purchase of a software "PICK" 3 user licence, Oct 1 st 1997.

It did not come to our attention that it was illegal till March 2007.

We ended up filling a Small Claims court suit for $10,000 for our money back.

Today the jugde refused our claim saying SOL had expired, since our claims was older than 6 years.

Is that correct?

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Old Jun 9, 2008, 12:12 PM   #2  
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Sounds right. Judge should know the law.

So you are saying you bought a license for a software package from someone for $10K in 1997 and you just became aware that it wasn't a legal license? What made you aware of that?
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Old Jun 9, 2008, 12:24 PM   #3  
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We are planning to sell the company and we hired aa Authorized Microsoft Software support Reseller. He was to see if we were Legit.
We were not. He found we we did not even have leagl copies of our Operating system
We also bought from the same person a Dealer management software package that was only able to run on "PICK"
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Old Jun 9, 2008, 12:26 PM   #4  
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Both the Operating system "PICK" and Windows 95 were not legal copies. They were licened to another company.
We also did not recieve our original software till March 07/07
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Old Jun 9, 2008, 12:28 PM   #5  
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Well, frnakly, I can't understand how you could not know that you had illegal copies of Windows. You would have gotten notification of that a long time ago. I can understand not knowing about the PICK software, but I wonder why you made no attempt to upgrade that in 10 years.
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Old Jun 9, 2008, 12:35 PM   #6  
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The Software for the RV Dealership was specially produced a lot of other companies were in the same boat.
It was only 2 years ago that we upgraded the Dealership software. We were told the the "PICK" software did not need to be upgraded.
It had been running fine. We upgarded for Dos 3.0 nto Windows 95, but the RV sofatware company told us we could not use Windows XP.
In any envent we were not on the Internet till March 2007. It was also at that time we became aware that we had to upgrade and buy legal windows software.
That has been done. The RV dealership software company will not do anything, other than Paying them an additional $17,000.
So we sued
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Old Jun 9, 2008, 12:36 PM   #7  
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Paying them an additional $17,000 was out of the question. So we sued
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