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To anyone looking to acquire commercial radio programming software:
Please do not make requests for copies of radio programming software which is sold (or was sold) by the manufacturer for any monetary value. All requests will be deleted and a forum infraction issued. Making a request such as this is attempting to engage in software piracy and this forum cannot be involved or associated with this activity. The same goes for any private transaction via Private Message. Even if you attempt to engage in this activity in PM's we will still enforce the forum rules. Your PM's are not private and the administration has the right to read them if there's a hint to criminal activity.
If you are having trouble legally obtaining software please state so. We do not want any hurt feelings when your vague post is mistaken for a free request. It is YOUR responsibility to properly word your request.
To obtain Motorola software see the Sticky in the Motorola forum.
The various other vendors often permit their dealers to sell the software online (i.e., Kenwood). Please use Google or some other search engine to find a dealer that sells the software. Typically each series or individual radio requires its own software package. Often the Kenwood software is less than $100 so don't be a cheapskate; just purchase it.
For M/A Com/Harris/GE, etc: there are two software packages that program all current and past radios. One package is for conventional programming and the other for trunked programming. The trunked package is in upwards of $2,500. The conventional package is more reasonable though is still several hundred dollars. The benefit is you do not need multiple versions for each radio (unlike Motorola).
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ATTENTION PERSONS WHO'VE RECEIVED MOTOROLA LETTERS
- Thread starter SCPD
- Start date
- Status
Thornhill20
Member
How in God's name can Motorola even THINK to be going after people for this kind of thing?
Nick has quite an extensive history on batlabs for screwing people out of money, taking forever to ship - or in often times, not even shipping at all. For Motorola to come across his eBay/Yahoo! buyer list and see "Joe Smith" as a buyer does NOT mean Joe actually got his radio, he could be one of dozens (hundreds?) that got screwed.
Or, as Shaun said...what if he sold his radio at a hamfest? I've never given buyer information when I've purchased ANYTHING at a hamfest, so to expect people to fork over buyer info is completly BS.
I think Motorola is just ****ting bricks, or flexing muscle it doesn't have.
Fortunatly, I never bought anything from Nick but if I did, I'd file this letter under "F" for "F!ck Off!"
-M
Nick has quite an extensive history on batlabs for screwing people out of money, taking forever to ship - or in often times, not even shipping at all. For Motorola to come across his eBay/Yahoo! buyer list and see "Joe Smith" as a buyer does NOT mean Joe actually got his radio, he could be one of dozens (hundreds?) that got screwed.
Or, as Shaun said...what if he sold his radio at a hamfest? I've never given buyer information when I've purchased ANYTHING at a hamfest, so to expect people to fork over buyer info is completly BS.
I think Motorola is just ****ting bricks, or flexing muscle it doesn't have.
Fortunatly, I never bought anything from Nick but if I did, I'd file this letter under "F" for "F!ck Off!"
-M
mlevin
Member
Shaun said:Oh yah, here's my PARTS BUILT XTS3000!
ROTFL :lol:
Motorola hasn't got much of a leg to stand on, and could face some serious problems for sending the letters out with threats like that. Many corporate legal eagles like to send these letters out, figuring the people that get them won't have a. the brains or b. the balls to do anything other than comply with the letter.
If their legal department is anything like the radios I use at work, nobody has anything to fear....
If their legal department is anything like the radios I use at work, nobody has anything to fear....
Their only real leg MotherMoto has to stand on is that which concerns the proprietary firmware/software and system keys that may be contained in those radios. You can't buy Motorola software, you can only purchase a license to use the copy of the software that is sent to you from Motorola AFTER you sign the licensing agreement. Customer systems which legitimately bought the radios are licensed to use that software and template (trunked systems) that is customized for them and applies only to their systems. It is not authorized for any subsequent purchasers. The physical radio itself probably isn't so important to Motorola, only what proprietary things it may contain. That's the reason they want these units out of circulation.
Yes, it infuriates me that those of us who paid good money for licensed copies of the various softwares are outnumbered by those who possess unlicensed copies and who paid a paltry sum for it, but it seems to me that when the cow's already outta the barn, it's too late to close the door, and the letters would indicate that Motorola knows it. Still, according to longstanding legal precedents set in the software industry, if you possess a radio containing a copy of someone else's custom licensed proprietary firmware/software/system keys, etc., you are indeed in violation of the law.
If they examine your unit and find a violation, that leads to the question of who has the software it was programmed with and where did they get it, is it a legal copy, and on and on. The question is, how could Moto determine if ANY radio is legal or illegal until they've checked each individual unit for serial number, firmware version, and system keys, etc.? They can't, and that's why the break-bad lawyer letters have gone out; they want you to voluntarily submit your radio for examination without saying as much. Trust me, once they get it, you won't get it back.
Go figure.
Yes, it infuriates me that those of us who paid good money for licensed copies of the various softwares are outnumbered by those who possess unlicensed copies and who paid a paltry sum for it, but it seems to me that when the cow's already outta the barn, it's too late to close the door, and the letters would indicate that Motorola knows it. Still, according to longstanding legal precedents set in the software industry, if you possess a radio containing a copy of someone else's custom licensed proprietary firmware/software/system keys, etc., you are indeed in violation of the law.
If they examine your unit and find a violation, that leads to the question of who has the software it was programmed with and where did they get it, is it a legal copy, and on and on. The question is, how could Moto determine if ANY radio is legal or illegal until they've checked each individual unit for serial number, firmware version, and system keys, etc.? They can't, and that's why the break-bad lawyer letters have gone out; they want you to voluntarily submit your radio for examination without saying as much. Trust me, once they get it, you won't get it back.
Go figure.
JnglMassiv
Member
For god sakes..why anyone would even consider for a moment sending their radio to Motorola is completely beyond me. And there's at least one lemming on Batlabs doing exactly that!
These are probably the same people who diligently fill out phishing Paypal/Ebay/banking spam and recite credit card numbers to scamming predatory telemarketers.
These are probably the same people who diligently fill out phishing Paypal/Ebay/banking spam and recite credit card numbers to scamming predatory telemarketers.
hulka
Member
I like in the second half of the letter that, "If you sold the radio(s) prior to receiving this letter from Motorola, it is YOUR responsibility to contact the buyer.
Like the person above said, you sell it some where and do not get the buyers name and address and so on what are you supposed to do? Motorola is mad becasue he was buying parts and making radios out of them. Hate to say it but it is a whole lot cheaper to do it that way. If you ever looked at a parts list, you would see. Motorola will be the next Microsoft. Going to court for being a monopoly! Seems like thy have there hand in everything.
Just my 2 cents.
Kevin
Like the person above said, you sell it some where and do not get the buyers name and address and so on what are you supposed to do? Motorola is mad becasue he was buying parts and making radios out of them. Hate to say it but it is a whole lot cheaper to do it that way. If you ever looked at a parts list, you would see. Motorola will be the next Microsoft. Going to court for being a monopoly! Seems like thy have there hand in everything.
Just my 2 cents.
Kevin
JnglMassiv
Member
I'm skeptical it even will get to Patrick. There's probably a few layers of peons to the IP management office.
TXFirefighter112
Member
That sounds painful! Maybe we could sell them some counterfeit laxatives and have pharmaceutical companies call them up and demand the pills back.
:lol:
Shaun, what do you think about the depot'ed Nick radios?
Now, those are the people with the true goods on them. How the hell can M. legitimately claim the property when they actually had it in their facility and even ISSUED it a new tag with a serial number.
If a car manufacturer decided to pimp my parts built ride in house and issued a VIN isn't it now a legit vehicle?
Maybe Harley should start recalling all of the OCC choppers since they resemble modded fatboys?
Tell em to eat a bag of dicks.
mancow
Now, those are the people with the true goods on them. How the hell can M. legitimately claim the property when they actually had it in their facility and even ISSUED it a new tag with a serial number.
If a car manufacturer decided to pimp my parts built ride in house and issued a VIN isn't it now a legit vehicle?
Maybe Harley should start recalling all of the OCC choppers since they resemble modded fatboys?
Tell em to eat a bag of dicks.
mancow
Patrick Harrington from Motorola IP enforcement
Here's his contact info from another board:
Patrick L. Harrington
1301 E. Algonquin Road - sh3
Schaumburg, Illinois 60196
Email
cndt01@email.mot.com
Office number (847) 576-2418
Fax (847) 576-0510
Here's his contact info from another board:
Patrick L. Harrington
1301 E. Algonquin Road - sh3
Schaumburg, Illinois 60196
cndt01@email.mot.com
Office number (847) 576-2418
Fax (847) 576-0510
Opfor2
Member
This is my posting from BatLabs:
Here is the actual injunction which was issued by the Honorable Raner C. Collins:
5/5/04 8 PERMANENT INJUNCTION by Judge Raner C. Collins granting stipulation for permanent injunction by pla Motorola Inc, dft Nicholas DeLuca; Ordered dft DeLuca and all his officers, directors, and all those persons or entities acting in active concert or participation with him and who receive actual notice of this injunction, are permanently enjoined and prohibited from: The manufacture, advertising, marketing, promoting, offering for sale, selling, distribution, programming or transferring of non-genuine Motorola radios, parts or equipment, making any unauthorized use in commerce of any trademarks owned by Motorola, Make any unauthorized use of any Motorola Radio Service Software Computer programming software, making any unauthorized use of any Motorola trademark, trade name, logo or copyrighted work, Using any logo, trade name, trademark, or service mark that may be calculated to falsely represent or which has the effect to falsely represent DeLuca, palming or passing off radios or other products as genuine Motorola products, Assisting, aiding, or abetting any other person or entity from engaging in any of the acts set forth in above paragraphs; Further ordered that the Court shall maintain jurisdiction over this permanent injunction (cc: all counsel) (jkm)
a) It orders DeLuca and all his officers, directors, and all those persons or entities acting in active concert or participation with him.
b) Are permanently enjoined and prohibited from: The manufacture, advertising, marketing, promoting, offering for sale, selling, distribution, programming or transferring of non-genuine Motorola radios, parts or equipment;
c) Make any unauthorized use in commerce of any trademarks owned by Motorola.
d) Make any unauthorized use of any Motorola Radio Service Software Computer programming software.
e) Make any unauthorized use of any Motorola trademark, trade name, logo or copyrighted work, Using any logo, trade name, trademark, or service mark that may be calculated to falsely represent or which has the effect to falsely represent DeLuca.
f) Palming or passing off radios or other products as genuine Motorola products.
Now the question is, who is “his Officers, directors and all those persons or entities acting in active concert or participation with him.”
By further reading the injection above it clearly states what can and can’t be done. No were is there an order by the Judge for Motorola to collect all the radios. I’m assuming that since there is no order by the Judge Motorola really has no standing with there letter. Maybe someone who is a little more articulate than myself should write a letter to the Judge and ask him about Motorola’s conduct.
READ THE ABOVE ORDER A FEW TIMES FOR IT TO REALLY SINK IN. THE JUDGE DID NOT ORDER THAT ALL OF DELUCAS RADIOS BE RETURNED TO MOTOROLA.
I think that they (Motorola) took it upon themselves to make it appear that that’s what the Judge ordered.
Here is the actual injunction which was issued by the Honorable Raner C. Collins:
5/5/04 8 PERMANENT INJUNCTION by Judge Raner C. Collins granting stipulation for permanent injunction by pla Motorola Inc, dft Nicholas DeLuca; Ordered dft DeLuca and all his officers, directors, and all those persons or entities acting in active concert or participation with him and who receive actual notice of this injunction, are permanently enjoined and prohibited from: The manufacture, advertising, marketing, promoting, offering for sale, selling, distribution, programming or transferring of non-genuine Motorola radios, parts or equipment, making any unauthorized use in commerce of any trademarks owned by Motorola, Make any unauthorized use of any Motorola Radio Service Software Computer programming software, making any unauthorized use of any Motorola trademark, trade name, logo or copyrighted work, Using any logo, trade name, trademark, or service mark that may be calculated to falsely represent or which has the effect to falsely represent DeLuca, palming or passing off radios or other products as genuine Motorola products, Assisting, aiding, or abetting any other person or entity from engaging in any of the acts set forth in above paragraphs; Further ordered that the Court shall maintain jurisdiction over this permanent injunction (cc: all counsel) (jkm)
a) It orders DeLuca and all his officers, directors, and all those persons or entities acting in active concert or participation with him.
b) Are permanently enjoined and prohibited from: The manufacture, advertising, marketing, promoting, offering for sale, selling, distribution, programming or transferring of non-genuine Motorola radios, parts or equipment;
c) Make any unauthorized use in commerce of any trademarks owned by Motorola.
d) Make any unauthorized use of any Motorola Radio Service Software Computer programming software.
e) Make any unauthorized use of any Motorola trademark, trade name, logo or copyrighted work, Using any logo, trade name, trademark, or service mark that may be calculated to falsely represent or which has the effect to falsely represent DeLuca.
f) Palming or passing off radios or other products as genuine Motorola products.
Now the question is, who is “his Officers, directors and all those persons or entities acting in active concert or participation with him.”
By further reading the injection above it clearly states what can and can’t be done. No were is there an order by the Judge for Motorola to collect all the radios. I’m assuming that since there is no order by the Judge Motorola really has no standing with there letter. Maybe someone who is a little more articulate than myself should write a letter to the Judge and ask him about Motorola’s conduct.
READ THE ABOVE ORDER A FEW TIMES FOR IT TO REALLY SINK IN. THE JUDGE DID NOT ORDER THAT ALL OF DELUCAS RADIOS BE RETURNED TO MOTOROLA.
I think that they (Motorola) took it upon themselves to make it appear that that’s what the Judge ordered.
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