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From: german@uiucuxc.UUCP
Newsgroups: net.legal
Subject: license to steal - (nf)
Message-ID: <33100002@uiucuxc.UUCP>
Date: Sat, 2-Jun-84 06:36:00 EDT
Article-I.D.: uiucuxc.33100002
Posted: Sat Jun  2 06:36:00 1984
Date-Received: Wed, 6-Jun-84 04:58:40 EDT
Lines: 33
Nf-ID: #N:uiucuxc:33100002:000:1753
Nf-From: uiucuxc!german    Jun  2 05:36:00 1984

#N:uiucuxc:33100002:000:1753
uiucuxc!german    Jun  2 05:36:00 1984

I recently had a bad time with the local Byte Shop computer store.
I bought a system from them (DEC Pro/350) which was to include some 
software. (Pro/BASIC and Pro/Communication)  They told me all the
software was in the 6 book-like boxes of disks and documentation.
After I got home I installed everything I had, but the two above
mentioned software packages were missing.  The Byte Shop said they
must have lost them, and they were sorry, but they couldn't do any
thing about it because they were in recievership and the bank had
controll of all the assets.  I talked with the president and he
made no real effort to right what I considered a clear-cut case
of defrauding me on the sale.  I threatened to sue and he just gave
me one of his best salesman smiles and said I would be one of
just a couple of hundred.  I figured he was counting on it being
too much of a hassle for $400 worth of software, but I talked to 
my lawyer about it and he agreed I had a pretty much clear-cut case,
BUT I would loose money on the deal!  I could only sue them for
the cost of the software and not my lawyer fees.  The bankruptcy
court is about 60 miles away and he envisioned having to make 3
trips there before it was all over and at $75/hr I was going to
loose money on the deal.  While I have the legal right to sue it
is just not practical for me to do so.  (I was told that I could
start in small claims but the case would end up in bankruptcy court.)
I think it is really unfair that the present bankruptcy laws give
the bankrupt company in recievership a loop-hole they can use
to rob the consumer of hundreds of dollars knowing we would loose
money taking them to court.  Has anyone else found away to deal
with this?

Greg German
uiucdcs!uiucuxc!german