348 lines
14 KiB
Plaintext
348 lines
14 KiB
Plaintext
Original Message Date: 18 Jan 92 14:47:36
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From: Rick Moore on 1:115/333
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To: Tom Jennings on 1:125/111
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Subj: Next six messages
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^AMSGID: 1:115/333.0 29789268
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I am forwarding you the next six messages because I was a little concerned �
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with Bill's warning about documents authored by JoHo and published using �
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your marks by me. I have no idea if there's any reason to worry about �
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getting involved in senseless bullshit, but when lawyers (I pronounce it �
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as "liars" myself <g>) are involved, you have to be careful. Maybe you �
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want to make check with check with your lawyer and make sure that nothing �
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I do can get you tangled up in legallistic red tape.
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I have absolutely no reason to believe or disbelieve the "facts" presented �
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in these messages. As far as I'm concerned, JoHo is innocent until proven �
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guilty in a court of law, and even then I may still not believe he is �
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guilty. I really don't know enough first hand to make a judgement. I'm not �
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trying to spread gossip (the messages have obviously received wide �
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distribution in zone 3 already and will probably be here in zone 1 soon). �
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It's just I take our agreement seriously and don't want to cause you any �
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legal problems.
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I intend to go on publishing anything I receive that I feel has some �
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connection to FTSC's charter. The only exceptions are documents that �
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encourage or aid illegal conduct, documents that I do not receive directly �
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from the author, documents that are obviously copyrighted by other �
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entities, or documents that contain obscenity (and I'm no prude) or �
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personal attacks that could be considered libel. To date, I have published �
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every word I have received.
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On another topic: would you like me to submit documents I publish to you �
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as FidoNews articles? It might carry the discussion of new proposals to �
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more people around the world.
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I hope you and your loved ones had a good holiday season.
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Rick
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Original Message Date: 18 Jan 92 15:06:04
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From: Rick Moore on 1:115/333
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To: Tom Jennings on 1:125/111
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Subj: Memo (1 of 6)
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^AMSGID: 1:115/333.0 297896bc
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* Original From: Bill Bolton (3:711/403)
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* Original To : Rick Moore (1:1/20)
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Rick,
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I am passing on the message below (and in the following five parts) for �
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your information.
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This involves commercial rather than technical issues and so you can make �
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of it what you will. I thought you might want to be aware of it as it �
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potentially effects the distribution in Zone 3 (possibly elsewhere as �
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well) of items JoHo provided to FTSC during his period in Australia. Both �
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FSC-0046.A02 and FSC-0053.A01 fall into this category.
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Cheers,
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Bill
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=====
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* Crossposted in Region 50 Sysop Conference
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* Crossposted in Front Door Conference
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* Crossposted in Zone 3 Sysop Conference
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* Crossposted in INTLnet - Int'l Sysop's Echo
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* Crossposted in INTLnet - Zone 58 Sysop's Only
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MEMO
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INTRODUCTION
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From what I can understand, people that are involved in the �
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Fidonet community and particularly those involved with and using the Front �
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Door and Tosscan products have been over the past year getting conflicting �
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and contradictory reports about Front Door (FD), its ownership ,its �
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distribution and the rights to sell Front Door. To date I have refrained �
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from entering into or disclosing any details about FD , about Joaquim (JH) �
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and my involvement with the Front Door project . I had been counselled by �
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my lawyers that such a delicate and legal matter was best disclosed and �
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thrashed out in the court rooms and that the Fidonet network was not the �
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correct forum for disclosing information. I have always been aware of the �
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fact that large sections of the people involved in the Fidonet network �
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thrive on gossip and innuendo and generally have nothing better to do than �
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to fabricate and spread false , malicious, slanderous and damaging �
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information about other people. Because of this, I have also refrained, �
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not wanting to be seen to have stooped to this level. Furthermore being �
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largely involved in the commercial world I am also aware of the potential �
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for libel .
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Having said all of the above then why have I now decided that the �
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TRUE facts about Front Door, Joaquim and myself need to be spelled out. �
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The reason is simple. Having already lost a fortune to Joaquim I have �
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nothing left to lose but my name and reputation and it is THIS very thing �
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above ALL else that has prompted me to finally disclose the facts about �
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the Front Door Project and Joaquim. In the business world THE most �
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important asset a person has is not his money but his name and his �
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reputation. Therefore rather than have my name and reputation maligned, �
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sullied and misconstrued because people are not aware of or not in �
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possesion of the true and full facts , I have decided to provide it. They �
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say that the beginning of wisdom is to call a thing by its right name so �
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in this case let me present the facts to you and then you can arrive at an �
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informed opinion about the matter on your own.
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> continue next message <
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--- InterMail 2.01b
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* Origin: Canyen Software - Not Just A Big Hole! (3:632/313)
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Original Message Date: 18 Jan 92 15:06:38
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From: Rick Moore on 1:115/333
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To: Tom Jennings on 1:125/111
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Subj: Memo (2 of 6)
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^AMSGID: 1:115/333.0 297896de
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* Original From: Bill Bolton (3:711/403)
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* Original To : Rick Moore (1:1/20)
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* Crossposted in Region 50 Sysop Conference
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* Crossposted in Front Door Conference
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* Crossposted in Zone 3 Sysop Conference
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* Crossposted in INTLnet - Int'l Sysop's Echo
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* Crossposted in INTLnet - Zone 58 Sysop's Only
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THE BACKGROUND
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About 3 or more years ago a Mr. Peter Stewart was approached by �
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Joaquim to be involved in developing an E-Mail system. Peter was involved �
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as a full partner and they jointly developed the Front Door package up to �
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the release of ver 1.99c. The development of FD was along the following �
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lines. Peter Stewart developed
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The Interface
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the Mailer
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the Nodelist compiler
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and the Editor
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Joaquim developed Front Doors Setup program and some of the �
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Protocols. The FUNDING for this development came from a number of sources. �
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It was not funded by Joaquim. At the end of the 1.99c development JH �
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proceeded too end the partnership with Peter Stewart. Through David Nugent �
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I invited Joaquim to Australia to do some software development. At this �
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stage I had other projects I was interested in doing . When Joaquim came �
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to Australia he convinced me into funding the next version of Front Door. �
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His convincing arguments were that he or at least James had about 600 �
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orders ready to be fulfilled IF ONLY WE HAD VER 2.00. We felt that Front �
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Door should be developed along commercial lines with a lot more commercial �
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features and requirements than it had at the time. I had at this stage �
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already PAID for Joaquims airfare to come to Australia. For the next 12 �
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months I PAID Joaquim a weekly WAGE while he developed what became to be �
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called Front Door ver 2.00.
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> continue next page <
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--- InterMail 2.01b
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* Origin: Canyen Software - Not Just A Big Hole! (3:632/313)
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Original Message Date: 18 Jan 92 15:07:06
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From: Rick Moore on 1:115/333
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To: Tom Jennings on 1:125/111
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Subj: Memo (3 of 6)
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^AMSGID: 1:115/333.0 297896fa
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* Original From: Bill Bolton (3:711/403)
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* Original To : Rick Moore (1:1/20)
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* Crossposted in Region 50 Sysop Conference
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* Crossposted in Front Door Conference
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* Crossposted in Zone 3 Sysop Conference
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* Crossposted in INTLnet - Int'l Sysop's Echo
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* Crossposted in INTLnet - Zone 58 Sysop's Only
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The other major components that I paid to have developed
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for ver 2.00 was
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1. All programming work done between 1.99c and 2.0
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2. FDCD ( The Communications Driver)
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3. The Install program
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4. The Documentation
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The total cost to date was around $140,000.00. This figure does not
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include Opportunity costs or Interest rates. If these were considered then �
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the
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figure would be closer to $250,000.00
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It may come as a surprise to some of you that a large part of the
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commercial ideas that went into ver 2.0 came from David Nugent. Any of you �
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who
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have known David well , know that he is a fountain of ideas both �
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conceptually
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and technically. The balance came from a group of well known beta testers.
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Some time in July of 1990 JH and myself signed some preliminary �
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legal
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documents . When version 2.00 was officially released I had some additional
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legal documents prepared. These documents detailed the amount of monies �
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spent
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on the ver 2.00 project by myself. It also detailed a royalty scheme that
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Joquim had to comply to. The Agreement ensured that I retained OWNERSHIP �
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of all
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the components that I paid for until Joaquim had paid IN FULL the amounts
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outstanding.
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To date and almost one year later I have not received ONE CENT in
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royalty payments from Joaquim as per our agreement. I have tried everything
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possible outside the legal channels to ensure that he repays the money but �
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to
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no avail. It has therefore become obvious that I have been taken as a �
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sucker
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and for a ride and that Joaquim never ever did intend to repay back any of �
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the
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moneys that were lent to him or used to fund the project.
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> continue next message <
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--- InterMail 2.01b
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* Origin: Canyen Software - Not Just A Big Hole! (3:632/313)
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Original Message Date: 18 Jan 92 15:08:28
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From: Rick Moore on 1:115/333
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To: Tom Jennings on 1:125/111
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Subj: Memo (4 of 6)
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^AMSGID: 1:115/333.0 2978974c
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* Original From: Bill Bolton (3:711/403)
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* Original To : Rick Moore (1:1/20)
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* Crossposted in Region 50 Sysop Conference
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* Crossposted in Front Door Conference
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* Crossposted in Zone 3 Sysop Conference
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* Crossposted in INTLnet - Int'l Sysop's Echo
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* Crossposted in INTLnet - Zone 58 Sysop's Only
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My buisness relationships with people have always been above board �
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and done with the gentlemans handshake.
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It should be pointed out that as a direct result of my investing �
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in the Front Door ver 2.00 and because the completion of the project took �
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6 months longer than it should , I eventually lost my family home and �
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other assets.
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Over the past 5 months I have since discovered that there are at �
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least FIVE other people and companies that have been in my situation with �
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Joaquim. These people and companies have over the past 3 to 4 years lent �
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him money or funded the development of Front Door. On every occassion �
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legal documents were signed and verbal promises made and on EVERY �
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occassion Joaquim has broken his promise. Why does He now live in �
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Luxembourg ? Because the legal jurisdiction makes it a very expensive �
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exercise for anyone chasing him to recover monies.
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THE CURRENT LEGAL POSITION
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So what is the current situation with front Door and myself? . �
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Well the answer is as follows
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a. Joaquim has been stopped from using the following components in �
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Front Door
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1. FDCD (the communications driver)
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2. The Install programme
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3. The manual/documentation or any derivation of the manual
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b. I currently own the name Front Door for the area of Australia. �
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As a result no one will be allowed to use the name in a product or in any �
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literature , advertising etc.
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> continue next message <
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--- InterMail 2.01b
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* Origin: Canyen Software - Not Just A Big Hole! (3:632/313)
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Original Message Date: 18 Jan 92 15:09:38
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From: Rick Moore on 1:115/333
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To: Tom Jennings on 1:125/111
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Subj: Memo (5 of 6)
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^AMSGID: 1:115/333.0 29789792
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* Original From: Bill Bolton (3:711/403)
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* Original To : Rick Moore (1:1/20)
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* Crossposted in Region 50 Sysop Conference
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* Crossposted in Front Door Conference
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* Crossposted in Zone 3 Sysop Conference
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* Crossposted in INTLnet - Int'l Sysop's Echo
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* Crossposted in INTLnet - Zone 58 Sysop's Only
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c. I retain , pursuant to signed documents and due to a legally �
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enforceable agreement between Joaquim and myself the exclusive �
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distribution and liscenscee of the Front Door packaging. At this point in �
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time we are in dispute with Joaquim and are currently enforcing our rights �
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in the Australian Courts. Joaquim has elected NOT to come within the �
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jurisdiction of the Australian Courts. Given the amount of expenditure and �
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investment made by myself we herby give notice that Joaquim is NOT �
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entitled to give licenses or sell Front Door in Australia, New Zealand or �
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anywhere else in the world without my express consent. In the event that �
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any person purports to hold such a license or attempts to distribute , �
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market or sell Front Door , legal proceedings will be issued against them �
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and this letter or Electronic mail will be used as proof of PRIOR �
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knowledge. d. As far as we can tell it is unclear as to WHO REALLY OWNS �
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the rights to Front Door. It would appear that the rights are held by more �
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than one person and company that aided in the development and funding of �
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the product.
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THE ALTERNATIVE
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As a result of all of the above, I no longer sell or support Front �
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Door . This decision was VOLUNTARY and not enforced on me by JH since I �
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still have the legal rights to duplicate and manufacture Front Door. I �
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have however chosen to market a product called INTERMAIL. Intermail is a �
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package written and developed by Mr. Peter Stewart who as you recall was �
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the joint developer of Front Door up to version 1.99c. In my brief �
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association with Peter over the past 4 months I have found him to be an �
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absolute gentleman and honourable in all his dealings. For those who have �
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not seen Intermail it looks and feels exactly like Front Door. Intermail �
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has many advantages over Front Door. But one of the main advantages is �
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that it is jointly owned and supported by a company called Scandinavian PC �
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who is a $30 million dollar company and the largest software publisher in �
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Scandinavia. Their commitment to the product will ensure that it will �
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develop faster and be a more commercially viable product than Front Door �
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ever will. Front Door is NOT well funded and if all the people that it �
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owes money to win their legal case then Front Door will be even poorer for �
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it. We estimate that Joaquim owes about $500,000.00 to people that have �
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helped him and the Front Door project and this does not include the �
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accuring interest.
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> continue next message <
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--- InterMail 2.01b
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* Origin: Canyen Software - Not Just A Big Hole! (3:632/313)
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