Wardrobe Wizard for free? Not so much!

[PhilC]

Copy of letter sent to Michael of NH

Dear Michael,

I wonder if you can help me out here. The web page http://www.*******/***/*** was brought to my attention which apparently has the Wardrobe Wizard application plus a number of extras available as a free download. The text on the page indicates that it includes the serial file. It even goes so far as to say that it is the personal serial file of the person making the file available. As I'm sure you are aware, because you have the licence, that purchasing the Wardrobe Wizard does not give you permission to redistribute it.

I've always made it public knowledge that I use the purchaser's real name and address to generate the serial file. If you run the Wardrobe Wizard and click its Version button you'll be able to read that information on screen. Which is what I did. I download from the web address above, installed your serial.dat file and when I clicked my Version button your name and address appeared.

I'm sure there is a very simple explanation. It can not be that you did not have the licence because that was included in the file I downloaded. I've only given that serial file to you. A response of "Oh I did not realize" would be (a) unbelievable and (b) not hold any weight in any subsequent legal action. Also saying that someone unbeknown to you uploaded it would receive similar dismissal because you have already confessed that it is your own serial file.

I notice that at the time of writing the file has been downloaded at least 1330 times. The Wardrobe Wizard unit cost is $59.95 I am seriously considering seeking damages of 1300 x 59.95 which total just shy of $80,000. Certainly more than the cost of taking the legal action and therefore well worth my time in persuing it.

I am proceeding to legally obtain the records, logs etc from your hosting company. Once a hosting company has been made aware of a copyright infringement they are almost always very willing to cooperate because if they do not they know that they themselves would then be liable for a similar legal action.

I'm not sure of the wisdom in allowing over a thousand strangers to gain access to your personal information, particular the caliber of folks who frequent the wares sites, but since apparently you were so willing to share it, any adverse consequences are not my concern.

Awaiting your early reply,

Yours Sincerely


Phil Cooke
PhilC Designs Ltd

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Michael and I have agreed to an out of court financial settlement. This has now been completed. The matter is now closed.

Although I do not spend every waking hour policing the wares boards and P2P sharing networks when such a blatant breach of the licence is brought to my attention I will most certainly pursue it. Particularly when the perpetrator is so easy to trace.

My thanks to the person who brought this one to my attention.
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[joelglaine]

I'm glad you caught them! I think I'm a chump not to think about the seamier side of the internet more often. I always forget about the 'warez' site and such like that.

The only time I visited one, it was like--going to a sleazy bar or whorehouse. I got mousetrapped and trojaned, and feel like I got off lucky.

The thought that someone would be SO stupid as to 'Warez' WW is surprising, but not shocking. Jeez, what a dope!
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WE're the people we've always been waiting for! I wonder where we've been?--Some Greek guy

[Kamilche]

I am put in mind of the old Sierra days, when the tip books for their games outsold their games. They were similarly dismayed, realizing so many people were stealing their games.

Man! $80,000! That sure would have come in handy for me, and I bet for you too, Phil. I wonder if we're in a similar situation - where thefts of the product far outnumber sales of the product. When that happens, it can weigh heavily on the mind of the developer, and makes production of new utilities that much less likely.

--Kamilche, who's working on a new utility, which has been delayed nearly the entire summer to do yard work which she could have hired out had she had an additional $40,000. (There's another manner in which thefts slows down new development!)
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--Kamilche

[wsterdan]

[wsterdan]

[Kamilche]

Ah, after what happened with Wardrobe Wizard, I don't want to post hints - I don't want competitors to code faster than me and put out a similar utility before I can finish it. Suffice it to say, most Poser users will want it once they see it.
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--Kamilche

[frankly3d]

I know I Know!!!

it's a utility for Poser\ D|S, to use avatars as part of the SETI project.

We can finally travel out,

and prove there is life on EARTH......


Frank
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frankly3d.com

[whbos]

How dumb can people be to distribute their own DAT file with the program and not be aware? I'd go for the lawsuit, but I'm sure this person doesn't have any money unless he sold the program and didn't mention that. Take him to the cleaners anyway.

Maybe you can get a hold of the online records for all the people who downloaded it as well. I'm sure they knew it wasn't free either.

[OKCRandy]

Glad you caught them and got it stopped.

[Xade]

man, by you requiring the name and email address that should have told Michael that you code it inside the dat file. Smart of you do do that, actually. Of course, I wonder if a savy person could work around that...how good is your dat file coding, Phil?

*looks at my about page, really looks* HOLY! that's a lot of info to code, Phone Number too. Pound that spike in deeper
*opens it in notepad* gobligook, you know your stuff :p
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My web comic A cop gets more than he expected after a speeder.