Alyon Technologies bogus greedy corrupt rip-off (censored) (censored)Norcross Georgia
These rip-off artists have a cute (censored)that preys upon the easily-intimidated. There is already sufficient mention of their overt mode of operation, i.e. outlandishly-huge bills for services that may or may not have actually been "received". I will not go into further detail because my experience matches so many others.
I will, however, address the tone of their "FAQ" which is written in hostile language and grammar. They try to scare the reader into a belief they have law and technology to back them up. Well, I am of the belief they do not. Avid readers of "Infoworld" (a trade journal for information technology professionals) contains a column entitled "The Gripe Line" in which it has been pointed out that "shrinkwrap" and "clickware" licenses are not legaly enforcible, therefore, neither is Alyon's contention that we victims "accepted by clicking" their terms. Secondly, in the case of a minor-child, there can be no contract and again Alyon is out of luck legally. Additionally, the only "threat", if you can call it that, made by Alyon for not paying is "you may be prohibited from additional purchases of the referenced services" I asy -- *big deal*
Do not pay them. Wiat until they send repeated bills and then turn them in to Postal Inspectors for harassment via the U.S. Mail. I have dealt with bogus bills in this manner in the past, it did work for me.
Thank you for your time.
Walter
Rome, New York
U.S.A.
2 Updates & Rebuttals
Walter
Rome,New York,
U.S.A.
I have not paid the invoice alyon pretended was due by 23 February
#3Author of original report
Sun, May 25, 2003
Well, other than notifying many authorities, not much has happened with my dispute, in fact, I badgered alyon through email to the point they have refused to respond to me. I have not (nor do I really expect to) received a new threat-disguised-as-bill. I also have been getting no responses from the Gwinnett County Police Department. This started with my questioning them as to why they were not enforcing the order that alyon no longer hide-behind D.W. Cheek's proven-defficient "5-page report" (defficiency proven on Atlanta Channel 2 by Mr. Strickland). In summary, I have not paid the invoice alyon pretended was due by 23 February 2003.
Walter
Perlita
Laredo,Texas,
U.S.A.
Shrinkwrapped Licenses Generally Not Enforceable
#3Consumer Comment
Fri, February 21, 2003
Thanks to Walter of Rome NY Got the web site for "Shrinkwrapped Licenses Generally Not Enforceable" For Others info got here a a part of it...
Please contineu posting legal issues.
nkwrapped to "Clickwrapped" Software Licenses
By John Hoagland, Esq., Components Online (draft)
This is a series on The Legal Protection of Components. In this new age of the Object or Component Web, the legal protection of software components is an important concern to this emerging industry. On top of this new industry, there is the internet phenomena itself. This column looks at the impact of software distribution via the web on the traditional shrinkwrapped software licensing.
"Traditional" Software Protection and Licensing Already Facing New Twists in the Internet Era
The key to software protection has always been copyright protection and intelligent licensing agreements. Now, the international scope of the Internet has made certain practices recommended, such as adding a copyright notice with the phrase "All Rights Reserved" since the Buenos Aires Convention requires this, generally for South American countries who are members.
Generally, the rest of the world, including the U.S., follows the Berne Convention which automatically protects works when they are created. Moreover, when a copyright notice is attached, an infringer cannot argue innocent infringement based upon the belief that the work was in the public domain if a copyright notice is present.
Shrinkwrapped Licenses Generally Not Enforceable
"Clickwrapped" Licenses Allow the "Click" of Acceptance However, with software distribution on the web, purchasers are able to review the license beforehand and "click" their agreement, and therefore "clickwrap" license are likely to be held to be enforceable. In Pro CD, Inc. v. Zeidenberg, Op. Cit., 86 F.3d 1447 at 1452, the Court stated:
"What then does the current version of the UCC have to say? We think that the place to start is sec. 2-204(1): "A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract." A vendor, as master of the offer, may invite acceptance by conduct, and may propose limitations on the kind of conduct that constitutes acceptance. A buyer may accept by performing the acts the vendor proposes to treat as acceptance. And that is what happened. ProCD proposed a contract that a buyer would accept by using the soft- ware after having an opportunity to read the license at leisure. This Zeidenberg did. He had no choice, because the software splashed the license on the screen [emphasis added] and would not let him proceed without indicating acceptance."
Note also that the purchase of copyright protected software, in a shrinkwrapped box or otherwise, continues to give the copyright holder protection against copying.
http://www.components-online.com
/Version98-3/legal.htm