[comp.sys.apple2] Glen Bredon Speaks Out !!

bsherman@MTHVAX.CS.MIAMI.EDU (Bob Sherman) (08/26/90)

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From bsherman Sat Aug 25 20:47:44 1990
From: Bob Sherman <bsherman>
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To: bsherman (Bob Sherman)
Date: Sat, 25 Aug 90 20:47:35 EDT
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I found the following message on AOL.. Thought I would pass it along.


Subj:  Sider and Ingenuity                   90-08-24 03:27:20 EDT
From:  GlenBredon                            Msgs:  1 (90-08-24)

I would like to clear the air by giving a full account of my deal with Sider, an
d I may as well include the smaller deal with the now defunct Ingenuity.  I coul
d probably be sued for some of these statements becuase I cannot document their 
truth (which is precisely the problem), but they are true.

At the beginning of my negotiation with Sider, I was asked for the price per cop
y for having them bundle it, with them doing support and updates as necessary.  
For this purpose, I asked for the volume to be expected.  I was told 2000 copies
 a month.  This sort of floored me, but I asked if he was sure about that and he
 ensured me that was the approximate volume to be expected.  Well, I was somewha
t dubious about it, but I figured it was at least in the ballpark.  For that rea
son, I set the price at $5 per copy.  That seemed a good amount which would not 
add to the hard disk price much, and, with the volume, would provide a nice inco
me.  I had visions of being able to take an early retirement.  So the papers wer
e signed and I waited for the first payment, and waited and waited, and called a
nd waited.  Finally I got the first check and it was rather a shock.  It was now
here near what I expected.  I held it uncashed for some time, considering whethe
r I should put this into the hands of a lawyer, but I had to admit to myself tha
t I had no case since the contract did not specify any volume.
(As they say, get it in writing!)  The person who gave me the inflated figure wa
s no longer with the company, and I complained to his replacements.  I found tha
t the true volume was something like 100 units/month.  The estimate was off by a
 factor of 20.  Sider had me by the balls, but even then I had a hard time getti
ng payment even at the disgraceful rates they had fraudulently obtained.  After 
a while of this I invoked the termination clause in the contact which said eithe
r party could terminate for failure to live up to the terms of the contract if t
he other party did not resolve the matter within 30 days of written notice.  The
n they paid me a bit, but quickly forgot about payments soon after.  I again inv
oked the clause, and this time they failed to rectify, so that is the end of tha
t.  As it was I let it go on far too long, but I kept hoping that someone would 
see the light and start acting like an honest company should act.  Some people I
 did deal with, I think were in fact attempting to make things right, but it jus
t never happened.

Now, the defunct (yea) Ingenuity.  I was called sometime in 1988 by a person nam
ed David Westbrook about possibly using some of my software on the forthcoming h
ard disks by his company called Applied Ingenuity.  My first reaction is that I 
should not get involved with a company whose very name was a ripoff.  But he was
 persistent and I finally agreed orally to a setup and sent him copies of all my
 software in Jan 89.  That seemed to be the end of it, as I did not hear from hi
m for some time and he did not send the expected written agreement.  However, la
te that year I began hearing that copies of DOS.Master were being distributed on
 Ingenuity drives.  I also saw some invoices showing that they were selling it s
eparately (never agreed to).  Well ok, they were supposed to pay quarterly, so I
 waited 3 months for payment.  Nothing.  I waited 3 more months.  Nothing.  Duri
ng this period I was getting a lot of calls for support from Ingenuity customers
 and it became apparant that Ingenuity was not supplying the full package, makin
g it very hard to use.  Since I had not been paid a penny, I began recommending 
that these people demand a refund.  I hope they got it.  I never got a cent, and
 the company is now defunct, for which I am not going to shed a tear.


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