[misc.legal] Basement Boys/Prism Software

mjw@aluxp.UUCP (10/03/87)

In article <5583@j.cc.purdue.edu> ray@j.cc.purdue.edu (Ray Moody) writes:

>In reference to a request for info about Basement Boys and Prism Software,
>Prism Software has hit the skids... a recent (maybe the latest) issue of Info
>magazine has a mentioning of them filing for bankruptcy.  I did some beta-
>testing for them, and the phone number which I have to call them is no longer
>in service. Apparently they are gone for good.  I want to stress that I haven't
>heard anything from them directly, though.

Yes, Prism Software is indeed out of business.  Let me give you a sample of
the type of things (read scams) that they performed on their way down.  In
February of this year I ordered Superkit 1541 (a parameter copier and general
disk utility for Commodore 64/128 computers) by the COD method.  Delivery was
quick and the product worked as advertised.  Favorably impressed, I sent them
a check in early March for their first parameter disk.  Everything seemed to
be going well until sometime in April when another COD package arrived from
Prism Software.  I was at work at the time and my wife accepted and paid for
the package not realizing that I was not expecting anything COD at the time.
I immediately called Prism Software (in Waco, Texas if my memory serves me
correctly) and explained the situation to them.  They claimed that their
records must have gotten 'confused' and that they would send a refund
(including the COD fees) immediately.  They also requested that I return the
extra Superkit 1541 and I did so (aside: this was something that I did not
order, could I have retained it?).  Sometime in May I had finally tired of
waiting for the refund and tried to call Prism again.  The line was not
disconnected at that time but no one would answer it (over several days).
I then wrote a letter reminding them of their agreement.  The letter must
have reached them since it was never retured to me, but Prism Software
never replied.

It seems clear to me that they may have performed this 'scam' on everyone
who had ever made a COD purchase from them in order to obtain some quick
cash before filling for bankruptcy.  Note that they made promises over 
the telephone and never had any intention of carrying them out.  The
amount in dispute is not large (about $37) so I have not pursued this
matter actively (they were in Texas, I'm in Pennsylvania).  Is there
anything I can do that would be less expensive than the amount in
dispute that would have a reasonable chance of success (mail fraud, etc.)?

>Does anyone know if the parameter disk they were supposed to release in May
>ever made it out?  I sent in several parameters and would like to know if they
>ever "saw the light of day", so to speak.

As I mentioned before, I ordered this disk in March by check.  I never received
the disk but then again Prism Software never cashed the check (I guess I must
grudgingly give them credit for that).

>Joe Peter, co-creator of Superkit, is now working for Computer Mart, the people
>who make the Kracker Jax parameter disks and copying utilities.  I have their
>latest catalog, and it looks like their stuff is at least as good as Prism's &
>Basement Boys' was/is.  I might mention that in my opinion the days of nibblers
>that will copy "anything" are long past... parameters are the only reasonable
>way that most of the current protected stuff can be backed up.

I've used the Kracker Jax parameter disks and they work well.  Computer Mart
has been very nice to do business with on a repeat basis.

The Joe Peter's and Mike Henry's of the world never seem to stay in the same
place for very long (read 'unreliable').  Whenever you purchase a utility
of this type make sure that it does what you want NOW.  Don't let them
convince you that the feature you want will be available in some future
'upgrade' for a 'nominal' fee.  More times than not, the upgrade will
never materialize or will finally be delivered extremely late, so late
that other products will now run rings around it.  Often, these companies
will take the upgrade and repackage it with another name and call it a
'new' product.  You are asked to pay the full price if you want this
new product regardless of their previous upgrade 'policy.'  Ultrabyte did
this in the past (although finally partially backing down when it became
apparent that they would loose their entire previous customer base).  Does
anyone remember the copier from Starpoint Software that took over a year
to finally publish a new release (a Mike Henry product)?  This, of course,
was caused by Mike's quick 'flight' to Basement Boys Software.  Oh where
oh where has Mike flown to now?

I appologize for the rambling, but hopefully it will point out some of the
problems to watch for in this extremely specialized and volitile software
market.
-- 
Michael Weber					...!ihnp4!aluxp!mjw
AT&T Bell Laboratories
Allentown, Pennsylvania				(215) 770-2732