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