Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.1 6/24/83; site mit-eddie.UUCP Path: utzoo!watmath!clyde!burl!mgnetp!ihnp4!mit-eddie!smh From: smh@mit-eddie.UUCP (Steven M. Haflich) Newsgroups: net.legal Subject: Re: license to steal Message-ID: <2063@mit-eddie.UUCP> Date: Wed, 6-Jun-84 14:44:22 EDT Article-I.D.: mit-eddi.2063 Posted: Wed Jun 6 14:44:22 1984 Date-Received: Thu, 7-Jun-84 08:16:05 EDT References: <33100002@uiucuxc.UUCP> Organization: MIT, Cambridge, MA Lines: 23 If the actions of Byte Shop were clearly "fraud", as you described, they may be subject to CRIMINAL prosecution, which is entirely separate from CIVIL liability. As you have noticed, it is often extremely difficult or even impossible to get "justice" under the latter. There is an outside chance, however, that you could get satisfaction in return for agreeing to drop CRIMINAL charges. Standard "I am not a lawyer" caveats apply: To establish fraud you probably need to show that they knew they were failing to supply what you paid for, and that they expected to be protected from having to honor the bill of sale. Spread the word around your locality -- see if anyone else bought from them and complained prior to your purchase. The agency with which you should bring all this up, of course, is you state attorney general's office. (You cannot bring criminal charges.) If they decide that they want to pursue matters, of course, they can go after evidence in all sorts of ways you can't, e.g., subpoena their records or even of DEC for warrant cards to find out who else purchased a system. Good luck. You'll need it. Steve Haflich, MIT