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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