I know of one case where someone purchased a copy of AutoCAD
at a US federal bankrupcy auction with paperwork stating that the
sale was free and clear of any previous encumbrance.
The slimeball started sell semi-legit Autocads and AutoDesk went after him,
with little success! He has a letter from a federal judge saying he owned
the software free of all encumbrance and could do what ever he wanted with it.
Rumor was they ended up purchasing it for a undiscovered sum.
There was a period of a year or two when Autodesk sent Buyers
to BK auctions around the country with restraining orders
to stop these sort of sales.
Shortly after that the guidelines for buying and selling commercial software
has been changed. Today encumbered doe not apply to distribution
or copyright of commercial software unless it it the copyright holder being liquidated.
Some ideas ....
And by You, I am referring to every one affected or concerned by this,
the more noise the better.
Find out who the bidders are and contact their PR departments.
Tell them you are aware that they are in the bidding for this database
and if they use it to contact you or anyone of a number of contacts in that list,
you along with other interested parties will be starting a very public campaign
denouncing their third party use of personal information.
You may want to spend a few bucks and register a throwaway
domain name to scare them with. Host/loose it at a friendly or anonymous
ISP and it will be weeks and thousands of dollars in legal legwork for them
to find it and shut it down. (contact me if you need a suggestion)
Contact the federal judge and express your concerns. Be very nice about it.
Point out that it has been reported that he may be concedering the unrestricted
sale of personal information to a third party and you want to know how people
can opt-out and haver their information removed prior to the sale. You would also
like to be notified who the purchaser is so you can prepare a restraining order
preventing the use of your and other interested parties contact information.
If it happens anyway :
If you live in a no-spam state, file a small claims action for each and every
contact the purchaser attempts. How many people does it take to have
their lawyers running all over the country defending their rights to spam.
I have not looked at the bidders list, but someone mentioned it looked like
legit companies showing interest. start contacting their CEOs or PR department
in protest.
Then find whoever ran a user group 5Ml in debt and let then rot in a cell for a while.
Just my 2 cents ....
later
Bob
On Thu, 27 Oct 2005 23:35:43 -0700, Chuck Guzis wrote:
On 10/28/2005 at 12:16 AM Gil Carrick wrote:
It would depend
on the terms of the sale. Also, the bidders I remember
from
>the article looked like legit users, not mailing list sellers.
IIRC, when it's a bankruptcy sale supervised by the
court, any restrictions
previously imposed can be waived by the judge.
Cheers,
Chuck