🚀 go-pugleaf

Steffen Arnecke (sarnecke@inet.uni-c.dk) wrote:
: The "Bo Bendtsen character" is from Denmark, not Germany, where he is running
: one of the largest BBS in Europe (can be reached on phone +45 43 62 82 30).
: There you can find the latest version of Terminate.

: I do not know of the English company, but about a year ago Bo changed the
: copyright notice from "Bo Bendtsen" to "Strathory Systems". Maybe Bo Bendtsen
: is the owner of the english company, I don't know, but for some time it
: was very popular (for tax reasons) for danish companies to operate from
: England. Or maybe he sold the program to some company in England.

: I Denmark the computer industri have not heard anything about the potential
: copyright-problems, you are discussing, so any info would be very
: appreciated. Then I can give you "the local angle" to the story.


Well, maybe you can help us shed some light on this.  Here's the info I 
have.  Actually it's not all of it but the rest I have is just repetitive.

This was taken from the history.doc file distributed with Terminat 2.0

ÚÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄĿ
³ °°°° Terminate history °°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°° ³
ÀÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÙ
 The original author of Terminate, the danish welch Bo Bendtsen, late
 of Albertslund, started work on Terminate on 2nd April 1992 using
 Telix by Colin Sampaleaunu as a model.

 The last legitimate version of Terminate that Bo Bendtsen released
 was version 1.41 on 19th January 1994

 On 16th April 1994, Bo Bendtsen then agreed to sell the code and
 copyright of Terminate to Intershop Ltd while in his bedroom in
 Albertslund, Denmark.
 Before he shook hands, he summarised his rights and duties according
 to that written contract of sale in his own words so that Intershop
 Ltd could be sure he fully understood the written contract he was
 agreeing to.

 13 weeks later on 14 July 1994 after it became clear that Bo Bendtsen
 intended to renege on his obligations, Intershop Ltd instructed the
 "Project CAIN" programming team (then working on the OS/2 version of
 Terminate) to switch work to producing a completely new Freeware DOS
 version of Terminate with Fax Manager, RIPscrip 1.54 and a REXX-like
 Scripting Language so as to finally give the users of Terminate what
 they had been promised.

 This first new and completely re-coded multi task-window version of
 Terminate (1.56) was published by Intershop Ltd on 16 August 1994 -
 unfortunately with two of the three installation archives corrupted.

 A wide area Beta test program was then instituted and a cut down
 version (1.57d) without Scripting or the Graphic Terminals released
 on 5 September 1994 and "Terminate - The Final Terminate" finally
 published on 5 September 1995.

===================================================================


This was a file called warning.bo in the Terminat 2.0 package

INTERSHOP LIMITED
Software Factory, Rue du Moulin, Isle of Sark GY9 0SA
(0481)832650 International: +44 481 832 650  (Data:8:1:N: +44 481 832 651)
En cas de non-d‚livrance, prier de retourner …:
If undelivered, please return to sender:
Intershop Limited, Software Factory, Isle of Sark  GY9  0SA
Registered in Edinburgh:148474   Registered Office: 194 Woodlands Road, G3  6LN
                                                                           :
The Company Registration Office
Suite 813
Europort
PO Box 848
GIBRALTAR                                             4 August 1995





Dear Sirs

Re:  Fraud and Copyright Infringement: Strathrory Systems
     Ltd

We have a situation where what we have reason to suspect is
a Gibraltar registered company, Strathrory Systems Ltd, is
deliberately and criminally infringing our copyright with
regard to the communications program called TERMINATE and
also fraudulently issuing invoices and or receiving payment
in respect of same.

Unfortunately we are finding it difficult to commence civil
and criminal proceedings because they continue to flout the
various provisions of both the UK Companies Acts and the UK
Business Names Act 1994 and do not divulge either a company
number or an address for service or their Registered Office
address.

Please would you be so good as to provide us with this
information by return from your public registers.

We would also be extremely interested in any information
relating to the following individuals that you may have on
file and would be happy to pay the necessary search fees in
respect of same:

(1) Mr Bo Bendtsen
     using either an address of:      2 King Frederik IX Tower
                                      Finland Street
                                      LONDON SE16 1TH
OR
                                      Kastanie Alle 14
                                      2620 Albertslund
                                      DENMARK
OR
                                      c/o Dan Law Solicitors
                                      36 Princess Court
                                      LONDON
                                      SE16  1TD

(2)  Mr Christen Hoegsberg
     t/as Dan Law Solicitors
     36 Princess Court
     LONDON SE16  1TD


(3)  Mr Steven Ross Stacher BS, MBA
     using either an address of:      2 King Frederik IX Tower
                                      Finland Street
                                      LONDON SE16 1TH
OR
                                      1 Tattysalagh Road
                                      OMAGH, Co Tyrone
                                      Northern Ireland BT78 5BW

(4)  Mr Andy Roberts, precise address unknown but likely to
     have used a Post Office Box in South Carolina, USA


Sincerely yours


Radek Taus, Director
for & on behalf of INTERSHOP LIMITED


PS:  Should you feel unable to divulge some of the
     information to ourselves, please convey any
     confidential findings to:
The Serious Fraud Office
Elm House, 10 - 16 Elm Street
LONDON
WC1X  0BJ

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

INTERSHOP LIMITED
Software Factory, Rue du Moulin, Isle of Sark GY9 0SA
(0481)832650 International: +44 481 832 650  (Data:8:1:N: +44 481 832 651)
En cas de non-d‚livrance, prier de retourner …:
If undelivered, please return to sender:
Intershop Limited, Software Factory, Isle of Sark  GY9  0SA
Registered in Edinburgh:148474   Registered Office: 194 Woodlands Road, G3  6LN
                                                                           :


Mr Bo Bendtsen
c/o Mr Christen Hoegsberg t/as Dan Law Solicitors
36 Princess Court
LONDON
SE16  1TD                                              14 July 1995







Dear Mr Bendtsen

Re:  TERMINATE: Breach of Contract, etc

Firstly we would note that we have not received any reply to
our letter of 15 September 1994 (in reply to yours of 7
September 1994) in which we pointed out that we had still
NOT received an adequate reply to our letter of 25 July 1994
sent to your Kastanie Alle 14, 2620 Albertslund, DENMARK
address. (text below).

We are still of the opinion that you need to comply with the
provisions of the Business Names Act 1994 if you are to
continue to do business in the UK and would re-iterate that
a danish trademark affords you no rights whatever within the
British Isles.

We are also still of the opinion that, by virtue of their
having advertised for sale Terminate licences within the UK
it is Interstop (and to a lesser extent ALMAC) that have
established trademarks. (Although we would note that on the
afternoon of 16 April 1994 you agreed that our company could
use whatever Terminate trademark rights you do possess until
15 April 1996.)

Fourthly, we would still welcome the opportunity to clarify
these trademark and other issues in court. We hereby
formally call on you AGAIN to comply with the provisions of
the Business Names Act 1994, Section 6 and provide us by
return with the address within the United Kingdom at which
we may serve writs on you.

Here is the text of what we wrote to you on 25 July 1994:
"Dear Mr Bendtsen

Re:  TERMINATE: Breach of Contract

On Saturday 16 April 1994, after extensive negotiations, you
agreed to sell the publishing and copyrights to Terminate to
my company, Intershop Ltd, so that you could concentrate on
programming and program development.

Unfortunately, since your last telephone conversation with
our new General Manager (and your former Publisher), Dr
George Collins on 19 May 1994 you have neither written,
telephoned or visited to explain your increasingly bizarre
behaviour and complete and total lack of co-operation.

We appreciate that you may have difficulties of a personal
nature but can no longer tolerate a situation which is
causing distress to users and registration sites and a
considerable reduction in both current and future earnings
for ourselves.

We must therefore issue an ultimatum:
If by 13:00hrs GMT Monday 15 August 1994 you have not
1) transferred to us every component and part of softwares
(including unreleased softwares) created or licensed by you,
including any additions thereto, whether it is a tangible or
intangible part, and, without limitations, including
computer executable software program code, non-executable
data files, user documentation, user manuals, technical
documentation, magnetic media, report generation software,
report forms, instructions, marketing material, support
procedures, and any other materials, devices, or information
known as, or previously known as: Terminate, Terminate OS/2,
Terminate-f-W, Terminate Lite, Terminate Plus, Terminate
Junior, Terminate PROFESSIONAL
2) delivered to us a written schedule for maintaining,
developing and improving Terminate Software
3) delivered to us a written schedule of your current
contact addresses and telephone numbers
4) ceased and desisted from wrongly describing yourself as
the publisher and copyright owner of Terminate
5) ceased and desisted from illicitly collecting or
organising the collection of registration fees for Terminate

then we reserve the right to take all or any of the
following actions without further warning:

a) commencing legal proceedings for breach of contract
b) laying an information before the appropriate criminal
prosecution authorities as to fraud
c) obtaining interdicts and injunctions restricting any
further copying or distribution of versions of our
copyrighted Terminate software beyond 1.41
d) holding you liable for the costs of hiring an alternative
programming team to maintain, develop and improve Terminate
Software
e) declaring Terminate software prior to but including
version 1.41 to be Freeware and that all further Terminate
development has ceased; this to be followed by the release
to Shareware channels under a different name on 16 September
1994 of enhanced DOS and OS/2 Terminal software currently
known by the development codename CAIN.

We also formally give notice that our address for service of
any legal notice, request, authorization, direction or other
communication under the agreement shall be as follows:
Intershop Ltd
The Software Factory
Rue du Moulin
Isle of SARK
GY9  0SA                                  Telephone +44 1481 832650


Sincerely yours
Radek Taus, Managing Director
for & on behalf of INTERSHOP LIMITED

PS:  We know that you retained three copies of the original
     agreement, but, in case you have mislaid them, I
     include the text to refresh your memory:

                    TERMINATE by Bo Bendtsen: Contract of Sale

Bo Bendtsen, Author of Terminate, currently residing at Kastanie Alle 14,
2620 Albertslund in the Kingdom of Denmark (hereinafter referred to as
'Author') agrees to sell to Intershop Limited, a corporation having their
registered office at 194 Woodlands Road, Glasgow, Scotland G3  6LN
(hereinafter referred to as `Publisher') for the sum of four thousand
pounds (œ4,000) the rights to publish and all copyrights subsisting in
Authors Datacommunications Software known as `Terminate'.

NOW THEREFORE, in consideration of the mutual covenants and promises
contained herein, as well as other good and valuable consideration, the
receipt and sufficiency of which are acknowledged, Author and Publisher
also agree as follows:

1.  Definitions.
Whenever used in this Agreement, the following terms shall have the
following specified meanings:
     A.  'Person' means any individual, corporation, partnership, trust,
     association or other entity.
     B.  'Unreleased' shall mean entirely new versions of Software by The
     Author or new versions of existing Software by The Author prior to
     commercial release by The Author, including commercial release by a
     licensee of The Author.
     C.  'Software' shall mean every component, service, or promotional
     part of software created or licensed by Author, including any
     additions thereto, whether it is a tangible or intangible part, and,
     without limitations, including computer executable software program
     code, non-executable data files, user documentation, user manuals,
     technical documentation, magnetic media, report generation software,
     report forms, instructions, marketing material, support procedures,
     and any other materials, devices, or information known as, or
     previously known as: Terminate, Terminate OS/2, Terminate-f-W,
     Terminate Lite, Terminate Plus, Terminate Junior, Terminate
     PROFESSIONAL

2.  Delivery.
Upon concluding this Agreement, The Author shall deliver to Publisher all
Software including Unreleased Software on the condition that Publisher will
comply with all provisions of this Agreement.

3. Costs
Each party shall bear all costs and expenses incurred by it under or in
connection with this Agreement. Nothing in this Agreement shall be
construed as an obligation by either party to enter into a contract,
subcontract, or other business relationship with the other party.

4.  Ownership and Title.
This Agreement shall serve to transfer from Author to Publisher all rights,
title and interest to the Software as described in this Agreement except
for trademark and trade secret ownership rights in and to the Software.

5. Representations and Warranties of The Author.
     A.  The Author is making the Software available 'AS IS' and
     accordingly MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED,
     WHETHER ORAL OR WRITTEN, WITH RESPECT TO THE SOFTWARE, INCLUDING BUT
     NOT LIMITED TO ANY IMPLIED WARRANTIES
          i)   OF MERCHANTABILITY,
          ii)  OF FITNESS FOR A PARTICULAR PURPOSE, OR
          iii) ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR
          PERFORMANCE.
     B.  The Author SHALL HAVE NO LIABILITY, WHETHER BASED ON CONTRACT,
     TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY OR ON ANY
     OTHER LEGAL OR EQUITABLE GROUNDS, FOR ANY LOSS OF USE, PROFIT OR
     REVENUE BY THE OTHER PARTY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL,
     INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES SUFFERED BY THE OTHER
     PARTY, ARISING FROM OR RELATED TO THIS AGREEMENT, EVEN IF SUCH PARTY
     HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

6. Trademarks and Maintenance
Terminate, Terminate OS/2, Terminate-f-W, Terminate Lite, Terminate Plus,
Terminate Junior, Terminate PROFESSIONAL are trademarks of The Author when
applied in the field of Data Communications and no right to use such
trademarks is granted to Publisher by this agreement EXCEPT that Author
agrees for a period of two years to:
     A. allow Publisher to use Authors Trademarks
     B. maintain, develop and improve Terminate Software
if the Publisher will annually remit to him one per cent (1%) of the gross
revenues received by the Publisher from Terminate Software.

7. Reporting.
Publisher acknowledges that an important purpose of this Agreement is to
provide to The Author regular and substantial income from developing and
maintaining the Software. Accordingly, Publisher agrees to provide The
Author annually with accurate and complete reports of gross revenue from
Software.

8. Miscellaneous.
     A.  Notices. Any legal notice, request, authorization, direction or
     other communication under this Agreement shall be given in writing and
     be delivered in person or by first-class post (or overseas
     equivalent), properly addressed and stamped with the required postage,
     to the intended at the addresses listed above. Either party may change
     their address specified above by giving the other party notice of such
     in accordance with this Section.
     B.  Nonwaiver. The failure of The Author to insist upon or enforce
     strict performance by the other party of any provision of this
     Agreement or to exercise any right under this Agreement shall not be
     construed as a waiver or relinquishment to any extent of The Author'
     right to assert or rely upon any such provision or right in that or
     any other instance; rather, the same shall be and remain in full force
     and effect.
     C.  Entire Agreement.  This Agreement, including all attachments
     hereto, sets forth the entire Agreement and supersedes any and all
     prior Agreements of the parties with respect to the subject matter
     hereof.
     D.  Amendment.  No change, amendment or modification of any provision
     of this Agreement shall be valid unless set forth in a written
     instrument signed by the party to be bound thereby.
     E.  Invalid Provision. The invalidity or unenforceability of any
     provision of this Agreement shall not affect the other provisions
     hereof, and this Agreement shall be construed in all respects as if
     such invalid or unenforceable provisions were omitted.
     F.  Assignment. Publisher may not assign or transfer any of
     Publisher's rights, privileges or obligations hereunder.
     G.  Applicable Law. This Agreement shall be interpreted, construed and
     enforced in accordance with the laws of Scotland and Author agrees and
     consents to the exclusive jurisdiction of the appropriate Scots Court.
     H.  No Partnership. This Agreement shall not be interpreted or
     construed to create an association, joint venture or partnership
     between the parties or to impose any partnership obligation or
     liability upon either party.
     I.  Implementation. Each party shall take such action (including, but
     not limited to, the execution acknowledgment and delivery of
     documents) as may reasonably be requested by the other party for the
     implementation or continuing performance of this Agreement.

In witness whereof the parties subscribe their signatures this sixteenth
day of April, nineteen hundred and ninety four:

For and on behalf of Intershop Ltd                                      Bo Bendtsen
(Publisher)                                                               (Author)"


Since you did not comply with those ultimata we still wish to sue you for
breach of contract and infringement of our copyrights since you seem to
have subsequently published on 21 August 1994 without our permission or
authority a "Terminate 1.50" and on 19 December 1994 another illicit
"Terminate 1.51"

We also now intend to lay informations before the relevant prosecution
authorities relating to your criminal conspiracy to defraud unless you
advise us by return that you will cease to organise the illegal collection
of registration monies for those illicit Terminate versions 1.50 and 1.51.
The use of transparent aliases like "Strathrory Systems Ltd" and/or "SerWiz
Comm" will not protect you now that the authorities in Gibraltar are aware
of your activities.

Under the additional agreements and protocols of 16th April 1994 you had
the right, until 28 days notice of sale was given, to buy back all the
rights you sold to Intershop Ltd for œ2000 more than you sold them for.

We now formally give you notice that, if you have not communicated your
intention to us to activate the second contract (of re-sale) before 28
August 1995, then we intend to proceed with the sale of all the rights to
Terminate to a third party on 5th September 1995.

Lastly, we also give notice that, to date, the costs of hiring an
alternative programming team to maintain, develop and improve Terminate
Software (the "Project CAIN programming team") have amounted to œ31,618 and
are still rising. Gross Revenue from Terminate has been NIL since Intershop
Ltd has publicly declared that, due to your illicit activities, we will not
accept any money in respect of Terminate until and unless legal action has
commenced against you.


Sincerely yours



Radek Taus, Director
for & on behalf of INTERSHOP LIMITED


PS:  Have you understood that the Law Society of England and Wales told us
     that your legal adviser and partner Mr Christen Hoegsberg is not
     qualified to hold himself out as a Solicitor in England or Wales and
     that it is an offence for anyone to represent themselves as a
     Solicitor without the necessary qualifications?
==========================================================================

I also have a file with a collection of messages called bo$welch.txt but 
it is over 200k in length.  If you want a copy of it just email me and I 
can send it to you.

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